Mac clone maker may take fight with Apple to Supreme Court
Schroeder said that the district court "fail[ed] to articulate the rationale underlying its decision to seal," and then vacated those orders and remanded them back to the lower court.
As of Friday, those documents remained sealed.
Psystar's attorney said that the company's legal fight with Apple is not over. "There is at least one more round, perhaps two," said Camera.
Psystar will either ask the Ninth Circuit to consider the appeal en banc -- a request that all the judges on that bench review the case, not just the three-judge panel whose opinion was written by Schroeder - or it will petition the U.S. Supreme Court to hear the case.
"We haven't decided yet," said Camera, referring to Psystar's options.
He called Schroeder's ruling to vacate the orders sealing Apple documents a victory for Psystar. "It's significant because Apple has tried to keep secret how it limits [Mac OS X] to its hardware," said Camera, "even though that information is in the public domain."
He also claimed that the Ninth Circuit's ruling contradicted that of another appellate court, the U.S. Court of Appeals for the Fifth District.
"The Ninth Circuit is now squarely in conflict with the Fifth Circuit on copyright misuse," Camera said. "The Fifth Circuit held that it is copyright misuse to use copyright to limit your software to your hardware, while the Ninth Circuit held that Apple can do just that." An appeal to the Supreme Court may be necessary to resolve that contraction, said Camera.
He also argued that the case is larger than Psystar.
"The principal issue in the case is Apple's limiting Mac OS X to its own hardware," said Camera. "But this is more than only Psystar. It could determine whether the likes of Dell can sell machines that run OS X."
Camera declined to comment when asked whether others besides Psystar are involved with the case. "I can't answer that question," he said, "but I am not representing Dell."
From Camera's comments, it is clear that regardless of the appellate court ruling this week, the case will linger.
"What's really interesting about this case is that it's two guys in a garage challenging the world's largest technology company," said Camera. "That's why I'm really excited to be litigating the case."
Apple did not immediately reply to a request for comment.
Gregg Keizer covers Microsoft, security issues, Apple, Web browsers and general technology breaking news for Computerworld. Follow Gregg on Twitter at @gkeizer, on Google+ or subscribe to Gregg's RSS feed . His e-mail address is firstname.lastname@example.org.
- Samsung invokes Alice case to challenge two Apple patents
- Elon Musk to open up Supercharging patent designs
- Apple asks U.S. court to make Samsung remove infringing features
- Apple and Google agree to drop all patent suits
- Update: Jury finds Samsung infringed Apple patents, must pay $120M in damages
- The wrath of Koh: Samsung gets judge's ire in Apple patent case
- In Apple v. Samsung, it's a 'holy war' for $2B
- A day into the trial, Apple and Samsung already annoying each other
- Supreme Court justices raise questions about software patents
- Phil Schiller up again in next round of Apple-Samsung battle
Read more about Legal in Computerworld's Legal Topic Center.
- Comprehensive Advanced Threat Defense The hot topic in the information security industry these days is "Advanced Threat Defense" (ATD). This paper describes a comprehensive, network-based approach to...
- Advanced Threat Defense: A Comprehensive Approach In this interview, Peter George, president, General Dynamics Fidelis Cybersecurity Solutions, explains why we need more than anti-malware, and what constitutes a comprehensive...
- Market Overview: Digital Customer Experience Delivery Platforms Forrester states that businesses today struggle to understand and use the tools necessary to create and manage unified, multichannel digital customer experiences across...
- The Growing Demand for Rich Media This white paper discusses how IBM Customer Experience Suite Rich Media Edition can automate rich media workflows, from collaborating with creative agencies and...
- On-demand webinar - 7 Keys to Service Catalog Implementation Success Watch this webinar to learn 7 crucial keys to make your service catalog a success!
- Transform Your IT Service Management Watch this webinar, to learn how EasyVista can increase IT productivity & efficiency and deliver streamlined & integrated IT Service & Asset Mgmt. All Legal White Papers | Webcasts