Judge to rule on Apple’s motion for dismissal

If the bench sides with the Cupertino, CA-based computer maker, PsyStar’s counter claim and their primary line of defense will evaporate.

Now that both companies have abandoned an out-of-court settlement and are jointly requesting that the court schedule a trial, not to mention use expedited procedures to see the case concluded quickly, it would seem abundantly clear that both Apple and PsyStar are confident of their positions and eager to proceed.

However, before the case is tried, the judge will first rule on Apple’s motion to dismiss, with prejudice, PsyStar’s counter claim and the underpinning principle of the upstart Mac clone maker’s defense.

“The Court should reject Psystar’s efforts to excuse its copyright infringement, and dismiss these Counterclaims with prejudice. Ignoring fundamental principles of antitrust law, and the realities of the marketplace, Psystar contends that Apple has unlawfully monopolized an alleged market that consists of only one product, the Macintosh computer,” Apple’s attorney’s wrote in the motion for dismissal.

Macworld reports that US Judge William Alsup will decide in about two weeks whether he will dismiss the counter claim, which alleges that Apple’s policy of tying Mac OS X to the company’s own computer hardware is monopolistic behavior and thus violates US anti-trust laws.

However as reported earlier by Blorge correspondent John Lister, PsyStar does not have to conclusively prove that Apple has engaged in monopolistic behavior, only that there is enough doubt to examine the issue in open court. The specific example offered by the clone maker in their counter filing to Apple’s motion for dismissal is of Domino’s Pizza, which was barred by a court from telling its franchisees where they could buy ingredients.

That PsyStar doesn’t have to prove anti-competitive behavior in order to proceed and the fact that they can cite case law in their favor would seem to go against Apple’s chances of gaining victory before the case is heard in open court.

Although I personally hope Judge Alsup does rule for Apple, whatever the outcome, it’s in everyone’s best interest for this case to be resolved quickly.

What’s your take?

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• Judge moves to kill PsyStar’s countersuit
• Apple, PsyStar: Let’s rumble!
• PsyStar copyright judge pencils in January 2010 trial date
• Psystar wins a round against Apple