Edible Apple

Judge Alsup handed down a ruling on Monday stating that Psystar owes Apple $2.66 million in damages for infringing upon Apple’s OS X copyrights and violating provisions in the DMCA..  The $2.6 million figure is undoubtedly high, and is somewhat surprising because it’s higher than the $2.12 million figure actually requested by Apple.  Still, Apple may not be collecting any judgment payments just yet.  Apple and Psystar stipulated in a separate agreement that Apple would not exercise its right to collect damages until Psystar has exhausted all appeals on the matter.  Apple and Psystar also stipulated that Apple would dismiss all of its remaining claims pertaining to trademark infringement, trade dress infringement, trademark dilution, state unfair competition, and common law unfair competition.

There is of course the pending litigation which remains in-play in Florida.  Apple wants that case dismissed or transferred over to California, while Psystar argues that it should remain in Florida as it includes issues relating to its Rebel EFI software that weren’t addressed in the California litigation.