Plaintiff Apple Inc. alleged that Defendant Psystar Corporation sold in commerce a computer named the OpenMac--subsequently changed to Open Computer--which runs a modified version of the Leopard operating system without authorization from Plaintiff and in violation of the terms of the Software License Agreement governing the use of Mac OS X software and Plaintiff's intellectual property., Defendant also provided direct copies and/or modified versions of Plaintiff's software updates.
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| Date Filed | # | Document Text |
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| July 3, 2008 | 1 | COMPLAINT; summons issued against Psystar Corporation (Filing fee $ 350, receipt number 34611020943). Filed by Apple Inc. (slh, COURT STAFF) (Filed on 7/3/2008) (ga, COURT STAFF). |
| July 3, 2008 | 2 | ADR SCHEDULING ORDER: Case Management Statement due by 10/15/2008. Case Management Conference set for 10/22/2008 10:30 AM. (Attachments: # 1 Standing Order)(slh, COURT STAFF) (Filed on 7/3/2008) |
| July 15, 2008 | 3 | Declination to Proceed Before a U.S. Magistrate Judge by Apple Inc.. (Gilliland, James) (Filed on 7/15/2008) |
| July 16, 2008 | 4 | CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (wh, COURT STAFF) (Filed on 7/16/2008) |
| July 17, 2008 | 5 |  ORDER REASSIGNING CASE. Case reassigned to Judge Hon. William H. Alsup for all further proceedings. Judge Magistrate Judge James Larson no longer assigned to the case. Signed by Executive Committee on 7/17/08. (mab, COURT STAFF) (Filed on 7/17/2008) |
| July 18, 2008 | 6 | SUMMONS Returned Executed by Apple Inc.. Psystar Corporation served on 7/8/2008, answer due 7/28/2008. (Gilliland, James) (Filed on 7/18/2008) |
| July 21, 2008 | 7 | CLERK'S NOTICE Case Management Conference set for 10/23/2008 11:00 AM. Case Management Statement due by 10/16/2008. (fj, COURT STAFF) (Filed on 7/21/2008) |
| July 21, 2008 | 8 | SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE re 7 Clerk's Notice. Signed by Judge William Alsup on 7/21/08. (fj, COURT STAFF) (Filed on 7/21/2008) |
| July 28, 2008 | 9 | STIPULATION TO EXTEND TIME FOR DEFENDANT TO RESPOND TO COMPLAINT FOR COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT, AND UNFAIR COMPETITION by Psystar Corporation. (Springer, Colby) (Filed on 7/28/2008) |
| July 31, 2008 | 10 | CERTIFICATE OF SERVICE 7 8 by Apple Inc. of Clerk's Notice of Rescheduling Hearing and Supplemental Order to Order Setting Initial Case Management Conference in Civil Cases Before Judge William Alsup (Gilliland, James) (Filed on 7/31/2008) Modified on 8/1/2008 (sis, COURT STAFF). |
| August 18, 2008 | 11 | STIPULATION (SECOND) TO EXTEND TIME FOR DEFENDANT TO RESPOND TO COMPLAINT FOR COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT, AND UNFAIR COMPETITION by Psystar Corporation. (Springer, Colby) (Filed on 8/18/2008) |
| August 28, 2008 | 12 | ANSWER to Complaint with Jury Demand, COUNTERCLAIM FOR VIOLATIONS OF THE SHERMAN, CLAYTON, AND CARTWRIGHT ACTS, AND STATE AND COMMON UNFAIR COMPETITION LAW against Apple Inc. byPsystar Corporation. (Springer, Colby) (Filed on 8/28/2008) |
| September 11, 2008 | 13 | Certificate of Interested Entities by Psystar Corporation (Watson, Christine) (Filed on 9/11/2008) |
| September 12, 2008 | 14 | Certificate of Interested Entities by Apple Inc. (Boroumand Smith, Mehrnaz) (Filed on 9/12/2008) |
| September 15, 2008 | 15 | STIPULATION TO EXTEND TIME FOR PLAINTIFF AND COUNTERDEFENDANT APPLE INC TO RESPOND TO COUNTERCLAIMS FOR VIOLATIONS OF THE SHERMAN, CLAYTON AND CARTWRIGHT ACTS, AND STATE AND COMMON UNFAIR COMPETITION LAW by Apple Inc.. (Boroumand Smith, Mehrnaz) (Filed on 9/15/2008) |
| September 30, 2008 | 16 | MOTION to Dismiss Psystar's Counterclaims; Memorandum of Points and Authorities in Support Thereof filed by Apple Inc.. Motion Hearing set for 11/6/2008 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Gilliland, James) (Filed on 9/30/2008) |
| September 30, 2008 | 17 | Request for Judicial Notice re 16 MOTION to Dismiss Psystar's Counterclaims; Memorandum of Points and Authorities in Support Thereof filed byApple Inc.. (Attachments: # 1 Exhibit A-F)(Related document(s) 16 ) (Gilliland, James) (Filed on 9/30/2008) |
| September 30, 2008 | 18 | NOTICE by Apple Inc. re 17 Request for Judicial Notice, Manual Filing Notification of Exhibit B to Request for Judicial Notice (Gilliland, James) (Filed on 9/30/2008) |
| September 30, 2008 | 19 | Proposed Order re 16 MOTION to Dismiss Psystar's Counterclaims; Memorandum of Points and Authorities in Support Thereof by Apple Inc.. (Gilliland, James) (Filed on 9/30/2008) |
| October 2, 2008 | 21 | ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Gilliland, James) (Filed on 10/2/2008) |
| October 2, 2008 | 22 | STIPULATION and Proposed Order selecting Private ADR by Apple Inc. (Gilliland, James) (Filed on 10/2/2008) |
| October 10, 2008 | 23 | CLERKS NOTICE Rescheduling Hearing. Case Management Conference set for 11/6/2008 08:00 AM. Case Management Statement due by 10/30/2008. (dt, COURT STAFF) (Filed on 10/10/2008) |
| October 13, 2008 | 24 | ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Springer, Colby) (Filed on 10/13/2008) |
| October 16, 2008 | 25 | Memorandum in Opposition re 16 MOTION to Dismiss Psystar's Counterclaims; Memorandum of Points and Authorities in Support Thereof filed byPsystar Corporation. (Grewe, Christopher) (Filed on 10/16/2008) |
| October 16, 2008 | 26 | Declaration of Christopher P. Grewe, Esq. in Support of 25 Memorandum in Opposition to Apple Inc.'s Motion to Dismiss filed byPsystar Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 25 ) (Grewe, Christopher) (Filed on 10/16/2008) |
| October 23, 2008 | 27 | Reply to Opposition re 16 MOTION to Dismiss Psystar's Counterclaims; Memorandum of Points and Authorities in Support Thereof filed byApple Inc.. (Attachments: # 1 Affidavit Reply Declaration of James G. Gilliland, Jr., # 2 Exhibit 1 to Reply Declaration of James G. Gilliland, Jr., # 3 Exhibit 2 to Reply Declaration of James G. Gilliland, Jr.)(Gilliland, James) (Filed on 10/23/2008) |
| October 30, 2008 | 28 | CASE MANAGEMENT STATEMENT AND PROPOSED CASE MANAGEMENT ORDER filed by Apple Inc.. (Gilliland, James) (Filed on 10/30/2008) |
| October 31, 2008 | 29 | CLERKS NOTICE Rescheduling Hearing Time. Motion hearing and Case Management Conference set for 11/6/2008 02:00 PM. (dt, COURT STAFF) (Filed on 10/31/2008) |
| November 7, 2008 | 30 | CASE MANAGEMENT SCHEDULING ORDER: Discovery due by 6/26/2009. Jury Trial set for 11/9/2009 07:30 AM in Courtroom 9, 19th Floor, San Francisco. Motions due by 8/20/2009. Pretrial Conference set for 10/26/2009 02:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge William Alsup on 11/7/2008. (whasec, COURT STAFF) (Filed on 11/7/2008) |
| November 13, 2008 | 31 | Transcript of Proceedings held on November 6, 2008, before Judge William H. Alsup. Court Reporter/Transcriber Joan Marie Columbini, Telephone number 415-255-6842. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 2/9/2009. (Columbini, Joan) (Filed on 11/13/2008) |
| November 6, 2008 | 32 | Minute Entry: Initial Case Management Conference held on 11/6/2008 before William Alsup (Date Filed: 11/6/2008), Motion Hearing held on 11/6/2008 before William Alsup (Date Filed: 11/6/2008) re 16 MOTION to Dismiss Psystar's Counterclaims; Memorandum of Points and Authorities in Support Thereof filed by Apple Inc. Jury Trial set for 11/9/2009 07:30 AM. Pretrial Conference set for 10/29/2009 02:00 PM. (Court Reporter Joan Columbini.) (dt, COURT STAFF) (Date Filed: 11/6/2008) |
| November 18, 2008 | 33 | ORDER GRANTING MOTION TO DISMISS COUNTERCLAIMS by Judge Alsup granting 16 Motion to Dismiss (whalc2, COURT STAFF) (Filed on 11/18/2008) |
| November 6, 2008 | 34 | AMENDED Minute Entry: Initial Case Management Conference held on 11/6/2008 before William Alsup (Date Filed: 11/6/2008), Motion Hearing held on 11/6/2008 before William Alsup (Date Filed: 11/6/2008) re 16 MOTION to Dismiss Psystar's Counterclaims; Memorandum of Points and Authorities in Support Thereof filed by Apple Inc. Jury Trial set for 11/9/2009 07:30 AM. Pretrial Conference set for 10/26/2009 02:00 PM. (Court Reporter Joan Columbini.) (dt, COURT STAFF) (Date Filed: 11/6/2008) |
| November 26, 2008 | 35 | MOTION for Leave to File AMENDED COMPLAINT filed by Apple Inc.. Motion Hearing set for 1/8/2009 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Exhibit A)(Boroumand Smith, Mehrnaz) (Filed on 11/26/2008) |
| November 26, 2008 | 36 | Proposed Order re 35 MOTION for Leave to File AMENDED COMPLAINT by Apple Inc.. (Boroumand Smith, Mehrnaz) (Filed on 11/26/2008) |
| December 2, 2008 | 37 | STIPULATION CONSENTING TO APPLE INC'S FILING OF AMENDED COMPLAINT AND [PROPOSED] ORDER VACATING HEARING ON APPLE INC.'S MOTION FOR LEAVE TO AMEND by Apple Inc.. (Gilliland, James) (Filed on 12/2/2008) |
| December 2, 2008 | 38 | AMENDED COMPLAINT FOR COPYRIGHT INFRINGEMENT, INDUCED COPYRIGHT INFRINGEMENT, VIOLATION OF DIGITAL MILLENNIUM COPYRIGHT ACT, BREACH OF CONTRACT, INDUCED BREACH OF CONTRACT, INDUCED BREACH OF CONTRACT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT AND UNFAIR COMPETITION against Apple Inc.. Filed byApple Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Gilliland, James) (Filed on 12/2/2008) |
| December 5, 2008 | 39 | ORDER VACATING HEARING ON APPLE INC.'S MOTION FOR LEAVE TO AMEND. Signed by Judge Alsup on December 4, 2008. (whalc1, COURT STAFF) (Filed on 12/5/2008) |
| December 8, 2008 | 40 | MOTION for Leave to File First Amended Counterclaim filed by Psystar Corporation. Motion Hearing set for 1/15/2009 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Exhibit First Amended Counterclaim, # 2 Proposed Order Proposed Order, # 3 Exhibit Annotated Counterclaim, # 4 Exhibit Law Review Article)(Springer, Colby) (Filed on 12/8/2008) |
| December 16, 2008 | 41 | Answer to Amended Complaint 38 Amended Complaint, Answer and Affirmative Defenses of Psystar Corporation to Apple Inc.'s First Amended Complaint byPsystar Corporation. (Grewe, Christopher) (Filed on 12/16/2008) |
| December 22, 2008 | 42 | STIPULATION re 40 MOTION for Leave to File First Amended Counterclaim Joint Request and Stipulation to Reschedule Hearing on Psystar Corporation's Motion for Leave to Amend and [Proposed] Order Rescheduling Hearing on Psystar Corporation's Motion for Leave to Amend by Psystar Corporation. (Grewe, Christopher) (Filed on 12/22/2008) |
| December 23, 2008 | 43 | ORDER RESCHEDULING HEARING ON PSYSTAR'S MOTION FOR LEAVE TO AMEND. Signed by Judge Alsup on December 23, 2008. (whalc1, COURT STAFF) (Filed on 12/23/2008) |
| December 30, 2008 | 44 | Memorandum in Opposition Apple Inc.'s Opposition to Psystar Corporation's Motion for Leave To Amend Its Counterclaims filed byApple Inc.. (Boroumand Smith, Mehrnaz) (Filed on 12/30/2008) |
| December 30, 2008 | 45 | STIPULATION Stipulation to Extend Deadline to Complete Mediation and [Proposed] Order Amending the Case Management Order to Reflect the Same by Apple Inc.. (Attachments: # 1 Exhibit A)(Boroumand Smith, Mehrnaz) (Filed on 12/30/2008) |
| December 31, 2008 | 46 | STIPULATION AND ORDER TO EXTEND DEADLINE TO COMPLETE MEDIATION. Signed by Judge Alsup on December 31, 2008. (whalc1, COURT STAFF) (Filed on 12/31/2008) |
| January 7, 2009 | 47 | *** FILED IN ERROR. PLEASE SEE DOCKET # 48 . *** Reply to 44 Opposition of Apple Inc. to Psystar Corporation's Motion for Leave to Amend its Counterclaims filed byPsystar Corporation. (Attachments: # 1 Appendix Open Source Yoga (2005 WL 756558))(Springer, Colby) (Filed on 1/7/2009) Modified on 1/8/2009 (sis, COURT STAFF). Modified on 1/8/2009 (ewn, COURT STAFF). |
| January 8, 2009 | 48 | Reply to Opposition of Apple Inc. to Psystar Corporation's Motion for Leave to Amend its Counterclaims CORRECTION OF DOCKET # 47 filed byPsystar Corporation. (Attachments: # 1 Appendix Open Source Yoga)(Springer, Colby) (Filed on 1/8/2009) |
| January 14, 2009 | 49 | CLERKS NOTICE Rescheduling Motion Hearing. Motion Hearing set for 1/22/2009 02:00 PM in Courtroom 9, 19th Floor, San Francisco. (dt, COURT STAFF) (Filed on 1/14/2009) |
| January 22, 2009 | 50 | Minute Entry: Motion Hearing held on 1/22/2009 before William Alsup (Date Filed: 1/22/2009) re 35 MOTION for Leave to File AMENDED COMPLAINT filed by Apple Inc., 40 MOTION for Leave to File First Amended Counterclaim filed by Psystar Corporation. (Court Reporter Kathy Wyatt.) (dt, COURT STAFF) (Date Filed: 1/22/2009) |
| February 4, 2009 | 51 | Transcript of Proceedings held on 1-22-09, before Judge William Alsup. Court Reporter/Transcriber Katherine Wyatt, Telephone number 925-212-5224. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 5/4/2009. (kpw, COURT STAFF) (Filed on 2/4/2009) |
| February 6, 2009 | 52 | ORDER RE PSYSTAR'S MOTION FOR LEAVE TO AMEND COUNTERCLAIMS by Judge Alsup granting in part and denying in part 40 Motion for Leave to File (whalc2, COURT STAFF) (Filed on 2/6/2009) |
| February 12, 2009 | 53 | Amended COUNTERCLAIM for Declaratory Relief against Apple Inc.. Filed byPsystar Corporation. (Springer, Colby) (Filed on 2/12/2009) |
| February 25, 2009 | 54 | Joint MOTION for Protective Order Joint Motion to Enter Stipulated Protective Order filed by Apple Inc.. (Attachments: # 1 Exhibit Exhibit 1 - Stipulated Protective Order and [Proposed] Order)(Chung, Megan) (Filed on 2/25/2009) |
| March 3, 2009 | 55 | ORDER by Judge Alsup granting 54 Motion for Protective Order. (whalc1, COURT STAFF) (Filed on 3/3/2009) |
| March 4, 2009 | 56 | ANSWER to Counterclaim OF PSYSTAR CORPORATION FOR DECLARATORY RELIEF AS TO THE UNENFORCEABILITY OF COPYRIGHTS byApple Inc.. (Boroumand Smith, Mehrnaz) (Filed on 3/4/2009) |
| April 29, 2009 | 57 | MOTION to Seal Document (Miscellaneous Administrative Request For An Order Permitting The Filing Under Seal Of Confidential Portions Of Letter Brief Dated April 29, 2009) filed by Apple Inc.(a California corporation). (Attachments: # 1 Proposed Order Permitting The Filing Under Seal Of Confidential Portions Of Letter Brief Dated April 29, 2009)(Chung, Megan) (Filed on 4/29/2009) |
| April 29, 2009 | 58 | AFFIDAVIT re 57 MOTION to Seal Document (Miscellaneous Administrative Request For An Order Permitting The Filing Under Seal Of Confidential Portions Of Letter Brief Dated April 29, 2009) MOTION to Seal Document (Miscellaneous Administrative Request For An Order Permitting The Filing Under Seal Of Confidential Portions Of Letter Brief Dated April 29, 2009) (Declaration of Megan M. Chung In Support of Administrative Request) by Apple Inc.(a California corporation). (Chung, Megan) (Filed on 4/29/2009) |
| April 29, 2009 | 59 | Letter Brief Dated April 29, 2009 filed byApple Inc.(a California corporation). (Attachments: # 1 Exhibit A (Filed Under Seal), # 2 Exhibit B (Filed Under Seal), # 3 Exhibit C, # 4 Exhibit D (Filed Under Seal))(Chung, Megan) (Filed on 4/29/2009) |
| May 1, 2009 | 60 | ORDER SETTING HEARING ON PLAINTIFF'S DISCOVERY DISPUTE [re 59 Letter Brief, filed by Apple Inc.]. Signed by Judge William Alsup on 5/1/2009. (whasec, COURT STAFF) (Filed on 5/1/2009) |
| May 4, 2009 | 61 | Letter Brief dated May 4, 2009 in response to Plaintiff's Letter Brief Dated April 29, 2009 filed byPsystar Corporation. (Springer, Colby) (Filed on 5/4/2009) |
| May 5, 2009 | 62 | ORDER by Judge Alsup granting 57 Motion to Seal Document. (whalc1, COURT STAFF) (Filed on 5/5/2009) |
| May 8, 2009 | 66 | Proposed Order re 59 Letter Brief, 61 Letter Brief [JOINT PROPOSED] ORDER COMPELLING PSYSTAR'S PRODUCTION OF FINANCIAL DOCUMENTS AND 30(B)(6) DEPOSITION by Apple Inc.. (Chung, Megan) (Filed on 5/8/2009) |
| May 5, 2009 | 67 | Minute Entry: Discovery Hearing held on 5/5/2009 before William Alsup (Date Filed: 5/5/2009). Dft shall attachments produced by 5//18/09. Deposition shall be held at 9am on 6/3/09. (Court Reporter Lydia Zinn.) (dt, COURT STAFF) (Date Filed: 5/5/2009) |
| May 8, 2009 | 68 | ORDER COMPELLING PSYSTAR'S PRODUCTION OF FINANCIAL DOCUMENTS AND 30(B)(6) DEPOSITION. Signed by Judge Alsup on May 8, 2009. (whalc1, COURT STAFF) (Filed on 5/8/2009) |
| May 26, 2009 | 69 | SUGGESTION OF BANKRUPTCY Upon the Record as to Psystar Corporation by Psystar Corporation. (Springer, Colby) (Filed on 5/26/2009) |
| June 1, 2009 | 70 | ORDER STAYING CASE. Signed by Judge Alsup on June 1, 2009. (whalc1, COURT STAFF) (Filed on 6/1/2009) |
