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Apple v Psystar back on track E-mail
by Stephen Withers   
Wednesday, 24 June 2009
The Bankruptcy Court handling Psystar's Chapter 11 application has given the go-ahead for Apple's case against the cloner.

When Psystar applied for Chapter 11 protection from its creditors, Apple's existing case alleging copyright and other infringements (relating to Psystar's sale of Mac OS X preinstalled on PCs assembled from selected generic components) was automatically stayed.

Apple sought relief from the stay, asserting it would be prejudiced by a delay in the main case, while Psystar would suffer little, if at all.

Bankruptcy Court Judge Robert Mark ruled in favour of lifting the stay, meaning Apple's case against Psystar in the US District Court for the Northern District of California can proceed.

The only issue is that if that court finds Psystar must make a payment to Apple, the Bankruptcy Court's permission is required before Apple can collect.

Judge Mark was seemingly unimpressed with claims made by Psystar president and co-founder Rodolfo Pedraza that "Apple has conducted extensive and unnecessary motion practice in this case not in the interest of judicial economy but rather in attempt to bankrupt Psystar. The same is true for its discovery practices."

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