But in an interview with Computerworld, the company's lawyer, KAD Camera, indicated that Psystar will either seek a full bench review of the appeal or a Supreme Court hearing.
Mr Camera expressed the view that the appeal court ruling on the case means the Ninth Circuit and the Fifth Circuit have come to conflicting decisions regarding the legality of tying software to the same manufacturer's hardware.
He also noted that a win by Psystar could open the gates for other manufacturers such as Dell to offer systems that run OS X, but declined to answer if parties other than Psystar are involved in the case. He would only say that he was not representing Dell.
There has been much speculation over the years - but no evidence - that Psystar had been positioned as a stalking horse for one or more other parties interested in building and selling 'Mac compatible' computers without having to obtain a licence from Apple.