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Apple Files Motion to Dismiss Psystar's Florida Case; Alternatively to Transfer Case to California

By Pamela Jones et al.

Apple has filed a motion to dismiss Psystar's litigation in Florida, or in the alternative to transfer it to the Northern District of California, where its so-far successful litigation against Psystar is taking place and consolidate it there. It requests a 30-minute hearing on its motion.

You'll recall that Apple told the California court that it would be filing this motion before Thanksgiving, and it now has. It has asked the California court to issue a permanent injunction against Psystar, and it would like it to cover all versions of Apple's Mac OSX software, including Snow Leopard, which is what the Florida case is supposedly about. If the Florida case is sent to California, that would ensure that any injunction would cover the entire enchilada.

Apple tells the court that Psystar is losing like crazy in California, and the Florida filing is Psystar forum shopping so it can attempt to relitigate issues it is losing or has already lost in the California action.

Full post as published by Groklaw on November 26, 2009 (boomark / email).