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Apple Inc. v. Psystar Corporation

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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Case Number:3:2008cv03251
Filed:July 3, 2008
 
Court:California Northern District Court
Office:Copyright Office [ Court Info ]
Presiding Judge:Hon. William H. Alsup
Presiding Judge:Magistrate Judge James Larson
 
Nature of Suit:Intellectual Property - Copyrights
Cause:Federal Question
Jury Demanded By:17:501 Copyright Infringement

Available Case Documents

The following documents for this case are available for you to view or download.
Date Filed#Document Text
July 3, 20081COMPLAINT; 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, 20082ADR 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, 20083Declination to Proceed Before a U.S. Magistrate Judge by Apple Inc.. (Gilliland, James) (Filed on 7/15/2008)
July 16, 20084CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (wh, COURT STAFF) (Filed on 7/16/2008)
July 17, 20085Court Opinion or Order 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, 20086SUMMONS 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, 20087CLERK'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, 20088Court Opinion or Order 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, 20089STIPULATION 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, 200810CERTIFICATE 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, 200811STIPULATION (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, 200812ANSWER 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, 200813Certificate of Interested Entities by Psystar Corporation (Watson, Christine) (Filed on 9/11/2008)
September 12, 200814Certificate of Interested Entities by Apple Inc. (Boroumand Smith, Mehrnaz) (Filed on 9/12/2008)
September 15, 200815STIPULATION 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, 200816MOTION 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, 200817Request 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, 200818NOTICE 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, 200819Proposed 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)
December 31, 196920
October 2, 200821ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Gilliland, James) (Filed on 10/2/2008)
October 2, 200822STIPULATION and Proposed Order selecting Private ADR by Apple Inc. (Gilliland, James) (Filed on 10/2/2008)
October 10, 200823CLERKS 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, 200824ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Springer, Colby) (Filed on 10/13/2008)
October 16, 200825Memorandum 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, 200826Declaration 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, 200827Reply 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, 200828CASE MANAGEMENT STATEMENT AND PROPOSED CASE MANAGEMENT ORDER filed by Apple Inc.. (Gilliland, James) (Filed on 10/30/2008)
October 31, 200829CLERKS 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, 200830Court Opinion or Order 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, 200831Transcript 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, 200832Minute 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, 200833Court Opinion or Order ORDER GRANTING MOTION TO DISMISS COUNTERCLAIMS by Judge Alsup granting 16 Motion to Dismiss (whalc2, COURT STAFF) (Filed on 11/18/2008)
November 6, 200834AMENDED 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, 200835MOTION 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, 200836Proposed Order re 35 MOTION for Leave to File AMENDED COMPLAINT by Apple Inc.. (Boroumand Smith, Mehrnaz) (Filed on 11/26/2008)
December 2, 200837STIPULATION 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, 200838AMENDED 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, 200839Court Opinion or Order 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, 200840MOTION 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, 200841Answer 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, 200842STIPULATION 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, 200843Court Opinion or Order 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, 200844Memorandum 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, 200845STIPULATION 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, 200846Court Opinion or Order 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, 200947*** 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, 200948Reply 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, 200949CLERKS 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, 200950Minute 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, 200951Transcript 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, 200952Court Opinion or Order 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, 200953Amended COUNTERCLAIM for Declaratory Relief against Apple Inc.. Filed byPsystar Corporation. (Springer, Colby) (Filed on 2/12/2009)
February 25, 200954Joint 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, 200955Court Opinion or Order ORDER by Judge Alsup granting 54 Motion for Protective Order. (whalc1, COURT STAFF) (Filed on 3/3/2009)
March 4, 200956ANSWER 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, 200957MOTION 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, 200958AFFIDAVIT 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, 200959Letter 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, 200960Court Opinion or Order 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, 200961Letter 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, 200962Court Opinion or Order ORDER by Judge Alsup granting 57 Motion to Seal Document. (whalc1, COURT STAFF) (Filed on 5/5/2009)
December 31, 196963
December 31, 196964
May 7, 200965Transcript of Proceedings held on 05/05/2009, before Judge William Alsup. Court Reporter/Transcriber Lydia Zinn, Telephone number (415) 531-6587. 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 8/3/2009. (Zinn, Lydia) (Filed on 5/7/2009)
May 8, 200966Proposed 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, 200967Minute 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, 200968Court Opinion or Order 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, 200969SUGGESTION OF BANKRUPTCY Upon the Record as to Psystar Corporation by Psystar Corporation. (Springer, Colby) (Filed on 5/26/2009)
June 1, 200970Court Opinion or Order ORDER STAYING CASE. Signed by Judge Alsup on June 1, 2009. (whalc1, COURT STAFF) (Filed on 6/1/2009)
June 25, 200971NOTICE by Apple Inc. of Entry of Order Granting Motion by Apple Inc. for Relief From Stay Pursuant to 11 U.S.C. Sec. 362(d) (Boroumand Smith, Mehrnaz) (Filed on 6/25/2009)
June 26, 200972CLERKS NOTICE Scheduling Hearing. Case Management Conference set for 7/9/2009 11:00 AM. Case Management Statement due by 7/2/2009. (dt, COURT STAFF) (Filed on 6/26/2009)
July 2, 200973CASE MANAGEMENT STATEMENT (SECOND JOINT) AND [PROPOSED] REVISED CASE MANAGEMENT ORDER filed by Apple Inc.. (Gilliland, James) (Filed on 7/2/2009)
July 9, 200974Court Opinion or Order CASE MANAGEMENT SCHEDULING ORDER: ORDER REFERRING CASE to Magistrate Judge Bernard Zimmerman for Mediation/Settlement; ORDER LIFTING STAY; Discovery due by 8/21/2009. Jury Trial set for 1/11/2010 07:30 AM in Courtroom 9, 19th Floor, San Francisco. Motions due by 10/8/2009. Pretrial Conference set for 12/14/2009 02:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge William Alsup on 7/9/2009. (whasec, COURT STAFF) (Filed on 7/9/2009)
July 10, 200975Court Opinion or Order ORDER SCHEDULING SETTLEMENT CONFERENCE. Signed by Magistrate Judge Bernard Zimmerman on 7/10/2009. (bzsec, COURT STAFF) (Filed on 7/10/2009)
July 15, 200976MOTION to Substitute Attorney filed by Psystar Corporation. (Grewe, Christopher) (Filed on 7/15/2009)
July 17, 200977Court Opinion or Order ORDER PERMITTING WITHDRAWAL AND SUBSTITUTION OF COUNSEL [granting 76 Motion to Substitute Attorney]. (whalc1, COURT STAFF) (Filed on 7/17/2009)
July 9, 200978Minute Entry: Initial Case Management Conference held on 7/9/2009 before William Alsup (Date Filed: 7/9/2009). Jury Trial set for 1/11/2010 07:30 AM. Pretrial Conference set for 12/14/2009 02:00 PM. (Court Reporter Joan Columbini.) (dt, COURT STAFF) (Date Filed: 7/9/2009)
July 23, 200979STIPULATION TO CONTINUE SETTLEMENT CONFERENCE AND PROPOSED ORDER by Apple Inc.(a California corporation). (Boroumand Smith, Mehrnaz) (Filed on 7/23/2009)
July 24, 200980Court Opinion or Order STIPULATION AND ORDER. Signed by Magistrate Judge Bernard Zimmerman on 7/24/2009. (bzsec, COURT STAFF) (Filed on 7/24/2009)
July 23, 200981MOTION for leave to appear in Pro Hac Vice, Kiwi Camara, Esq., ( Filing fee $ 210, receipt number 34611034688.) filed by Psystar Corporation. (Attachments: # 1 Proposed Order)(sis, COURT STAFF) (Filed on 7/23/2009)
July 27, 200982Court Opinion or Order ORDER by Judge Alsup granting 81 Motion for Pro Hac Vice for Attorney Kiwi Alejandro Danao Camara. (whalc1, COURT STAFF) (Filed on 7/27/2009)
August 10, 200983MOTION to Seal Document Miscellaneous Administrative Request For An Order Permitting The Filing Under Seal Of Confidential Portions of Letter Brief Dated August 10, 2009 filed by Apple Inc.. (Attachments: # 1 Proposed Order)(Gilliland, James) (Filed on 8/10/2009)
August 10, 200984Declaration of Tyler J. Gee in Support of 83 MOTION to Seal Document Miscellaneous Administrative Request For An Order Permitting The Filing Under Seal Of Confidential Portions of Letter Brief Dated August 10, 2009 filed byApple Inc.. (Related document(s) 83 ) (Gilliland, James) (Filed on 8/10/2009)
August 10, 200985*** FILED IN ERROR. DOCUMENT LOCKED. DOCUMENT TO BE REFILED LATER. *** Letter Brief Dated August 10, 2009, Public Version, filed byApple Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B (Filed Under Seal), # 3 Exhibit C (Filed Under Seal), # 4 Exhibit D (Filed Under Seal), # 5 Exhibit E (Filed Under Seal), # 6 Exhibit F (Filed Under Seal), # 7 Exhibit G (Filed Under Seal))(Gilliland, James) (Filed on 8/10/2009) Modified on 8/13/2009 (ewn, COURT STAFF). (Main Document 85 replaced on 8/13/2009) (feriab, COURT STAFF).
August 11, 200986Court Opinion or Order ORDER GRANTING REQUEST TO SEAL LETTER BRIEF DATED 8/10/2009 [re 83 MOTION to Seal Document Miscellaneous Administrative Request For An Order Permitting The Filing Under Seal Of Confidential Portions of Letter Brief Dated August 10, 2009 filed by Apple Inc.]. Signed by Judge William Alsup on 8/11/2009. (whasec, COURT STAFF) (Filed on 8/11/2009)
August 12, 200987Court Opinion or Order ORDER SETTING HEARING RE PLAINTIFF'S DISCOVERY DISPUTE [re 85 Letter Brief, filed by Apple Inc.]. Signed by Judge William Alsup on 8/11/2009. (whasec, COURT STAFF) (Filed on 8/12/2009)
December 31, 196988
August 13, 200989*** FILED IN ERROR. DOCUMENT LOCKED. DOCUMENT TO BE REFILED LATER. *** Letter Brief re 85 Letter Brief,, Dated August 10, 2009, Public Version (correcting Docket #85) filed byApple Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit (s) B-G (Filed Under Seal))(Related document(s) 85 ) (Gilliland, James) (Filed on 8/13/2009) Modified on 8/14/2009 (feriab, COURT STAFF).
August 14, 200990Letter Brief re 85 Letter Brief,, Letter Brief (Redacted Public Version) filed byApple Inc.. (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Exs. B-G (Filed Under Seal))(Related document(s) 85 ) (Chung, Megan) (Filed on 8/14/2009)
August 18, 200991Letter Brief filed byPsystar Corporation. (Welker, David) (Filed on 8/18/2009)
August 18, 200992First MOTION PERMITTING THE FILING UNDER SEAL OF CONFIDENTIAL PORTIONS OF LETER BRIEF filed by Psystar Corporation. (Welker, David) (Filed on 8/18/2009)
August 19, 200993Letter Brief filed byPsystar Corporation. (Attachments: # 1 Exhibit Exhibit A)(Welker, David) (Filed on 8/19/2009)
August 20, 200994MEMORANDUM in Opposition re 91 Letter Brief filed byApple Inc.. (Attachments: # 1 Exhibits 1-5)(Related document(s) 91 ) (Chung, Megan) (Filed on 8/20/2009)
August 20, 200995MOTION to Seal Document 94 Memorandum in Opposition filed by Apple Inc.. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Chung, Megan) (Filed on 8/20/2009)
August 24, 200996Minute Entry: Discovery Hearing held on 8/20/2009 before William Alsup (Date Filed: 8/24/2009). Supplemental briefs due by 8/27/09. Deft shall pay pltf $5,000 in attys fees. (Court Reporter Sahar McVickar.) (dt, COURT STAFF) (Date Filed: 8/24/2009)
August 19, 200997Proposed Order re 92 First MOTION PERMITTING THE FILING UNDER SEAL OF CONFIDENTIAL PORTIONS OF LETER BRIEF by Psystar Corporation. (sis, COURT STAFF) (Filed on 8/19/2009)
August 25, 200998Court Opinion or Order ORDER GRANTING REQUEST FOR AN ORDER PERMITTING THE FILING UNDER SEAL OF OPPOSITION LETTER BRIEF DATED AUGUST 19, 2009 by Judge Alsup (re 95 Motion to Seal Document). (whalc1, COURT STAFF) (Filed on 8/25/2009)
December 31, 196999
August 27, 2009100MEMORANDUM in Opposition re 91 Letter Brief Supplemental Brief Opposing Psystar's Motion to Compel and In Support of Apple's Cross Motion for Protective Order filed byApple Inc.. (Attachments: # 1 Affidavit Decl. of Tyler Gee ISO Supplemental Brief Opposing Motion to Compel, # 2 Exhibit Ex. A to Decl. of Tyler Gee, # 3 Exhibit Ex. B to Decl. of Tyler Gee, # 4 Exhibit Ex. C to Decl. of Tyler Gee, # 5 Exhibit Ex. D to Decl. of Tyler Gee, # 6 Exhibit Ex. E to Decl. of Tyler Gee)(Related document(s) 91 ) (Boroumand Smith, Mehrnaz) (Filed on 8/27/2009)
August 27, 2009101MOTION to Seal Document 100 Memorandum in Opposition,, filed by Apple Inc.. (Attachments: # 1 Affidavit Decl. of Tyler Gee ISO Administrative Motion, # 2 Proposed Order)(Boroumand Smith, Mehrnaz) (Filed on 8/27/2009)
August 28, 2009102Brief re 91 Letter Brief on Motion to Compel filed byPsystar Corporation. (Attachments: # 1 Proposed Order)(Related document(s) 91 ) (Camara, Kiwi) (Filed on 8/28/2009)
August 28, 2009103*** FILED IN ERROR WITH CONFIDENTIAL INFORMATION . DOCUMENT LOCKED. DOCUMENT TO BE REFILED LATER.. *** Brief re 93 Letter Brief filed byPsystar Corporation. (Related document(s) 93 ) (Camara, Kiwi) (Filed on 8/28/2009) Modified on 8/28/2009 (feriab, COURT STAFF).
August 31, 2009104Declaration in Support of 105 filed by Psystar Corporation. (Camara, Kiwi) (Filed on 8/31/2009) Modified on 9/1/2009 (sis, COURT STAFF).
August 31, 2009105MOTION Motion to Seal Motion for Administrative Action filed by Psystar Corporation. (Camara, Kiwi) (Filed on 8/31/2009)
August 31, 2009106Proposed Order to Seal 105 Motion for Administrative Action filed by Psystar Corporation. (Camara, Kiwi) (Filed on 8/31/2009) Modified on 9/1/2009 (sis, COURT STAFF).
August 31, 2009107Letter Brief Court Ordered Supplemental Briefing filed byPsystar Corporation. (Camara, Kiwi) (Filed on 8/31/2009)
August 31, 2009108NOTICE by Apple Inc. OF PENDENCY OF OTHER ACTION (Attachments: # 1 Affidavit Declaration of Mehrnaz Boroumand Smith In Support of Notice of Pendency of Other Action, # 2 Exhibit 1 to Declaration of Mehrnaz Boroumand Smith In Support of Notice of Pendency of Other Action, # 3 Exhibit 2 to Declaration of Mehrnaz Boroumand Smith in Support of Motion of Pendency of Other Action)(Boroumand Smith, Mehrnaz) (Filed on 8/31/2009)
August 31, 2009109AFFIDAVIT 108 of Mehrnaz Boroumand Smith In Support of Notice of Pendency of Other Action by Apple Inc.. (Attachments: # 1 Exhibit 1 to Decl. of Mehrnaz Boroumand Smith, # 2 Exhibit 2 to Decl. of Mehrnaz Boroumand Smith)(Boroumand Smith, Mehrnaz) (Filed on 8/31/2009) Modified on 9/1/2009 (sis, COURT STAFF).
August 31, 2009110Court Opinion or Order ORDER SETTING STATUS CONFERENCE ON FRIDAY, 9/4/2009 AT 10:00 A.M. [re 108 Notice (Other), Notice (Other) filed by Apple Inc.]. Signed by Judge William Alsup on 8/31/2009. (whasec, COURT STAFF) (Filed on 8/31/2009)
August 31, 2009111Letter Brief Motion to Seal filed byPsystar Corporation. (Attachments: # 1 Proposed Order)(Camara, Kiwi) (Filed on 8/31/2009)
August 31, 2009112Letter Brief Letter Brief Dated August 31, 2009 - REDACTED VERSION- filed byPsystar Corporation. (Attachments: # 1 Exhibit A)(Camara, Kiwi) (Filed on 8/31/2009) Modified on 9/1/2009 (sis, COURT STAFF).
September 1, 2009113Court Opinion or Order ORDER GRANTING REQUEST FOR ORDER PERMITTING THE FILING UNDER SEAL OF LETTER BRIEF DATED AUGUST 18, 2009 by Judge Alsup (re 92 Motion). (whalc1, COURT STAFF) (Filed on 9/1/2009)
September 1, 2009114Court Opinion or Order AMENDED ORDER SETTING STATUS CONFERENCE for Friday, 9/4/2009 at 11:00 AM [re 108 Notice (Other), Notice (Other) filed by Apple Inc.]. Signed by Judge William Alsup on 9/1/2009. (whasec, COURT STAFF) (Filed on 9/1/2009)
September 1, 2009115Court Opinion or Order ORDER RE DEFENDANT'S LETTER OF 8/31/2009 RE DISCOVERY DISPUTE [re 112 Letter Brief filed by Psystar Corporation]. Signed by Judge William Alsup on 9/1/2009. (whasec, COURT STAFF) (Filed on 9/1/2009)
September 2, 2009116Court Opinion or Order ORDER GRANTING REQUEST FOR AN ORDER PERMITTING FILING UNDER SEAL OF EXHIBIT B TO DECLARATION OF TYLER GEE by Judge Alsup [re 101 Motion to Seal Document]. (whalc1, COURT STAFF) (Filed on 9/2/2009)
December 31, 1969117
September 2, 2009118MOTION for Leave to File APPLE INC.'S REPLY TO PSYSTAR CORPORATION'S SUPPLEMENTAL BRIEFING ON THE RELEVANCE OF TOPIC 3 TESTIMONY, DEFENDANT'S MOTION TO COMPEL AND PLAINTIFF'S CROSS-MOTION FOR A PROTECTIVE ORDER filed by Apple Inc.. (Attachments: # 1 Exhibit 1 to Miscellaneous Administrative Request, # 2 Proposed Order Granting Administrative Request, # 3 Affidavit Decl. of Mehrnaz Boroumand Smith In Support of Miscellaneous Administrative Request, # 4 Exhibit 1 to Decl. of Mehrnaz Boroumand Smith In Support of Administrative Request, # 5 Exhibit 2 to Decl. of Mehrnaz Boroumand Smith In Support of Administrative Request, # 6 Exhibit 3 to Decl. of Mehrnaz Boroumand Smith In Support of Administrative Request, # 7 Exhibit 4 to Decl. of Mehrnaz Boroumand Smith In Support of Administrative Request, # 8 Exhibit 5 to Decl. of Mehrnaz Boroumand Smith In Support of Administrative Request)(Gilliland, James) (Filed on 9/2/2009)
September 2, 2009119Memorandum in Opposition re 118 MOTION for Leave to File APPLE INC.'S REPLY TO PSYSTAR CORPORATION'S SUPPLEMENTAL BRIEFING ON THE RELEVANCE OF TOPIC 3 TESTIMONY, DEFENDANT'S MOTION TO COMPEL AND PLAINTIFF'S CROSS-MOTION FOR A PROTECTIVE ORDER filed byPsystar Corporation. (Attachments: # 1 Exhibit Blog Post)(Camara, Kiwi) (Filed on 9/2/2009)
December 31, 1969120
September 3, 2009121Court Opinion or Order ORDER GRANTING REQUEST FOR AN ORDER PERMITTING APPLE TO FILE REPLY TO PSYSTAR'S SUPPLEMENTAL BRIEFING by Judge Alsup [re 118 Motion for Leave to File]. (whalc1, COURT STAFF) (Filed on 9/3/2009)
September 3, 2009122*** INCORRECT FILING - SEE DOC. #124*** Reply Memorandum to Psystar Corporation's Supplemental Briefing on the Relevance of Topic 3 Testimony, Defendant's Motion to Compel and Plaintiff's Cross-Motion for a Protective Order filed by Apple Inc.. (Attachments: # 1 Exhibit A)(Gilliland, James) (Filed on 9/3/2009) Modified on 9/4/2009 (sis, COURT STAFF).
September 3, 2009123Court Opinion or Order AMENDED ORDER RE DEFENDANTS LETTER OF 8/31/2009 RE DISCOVERY DISPUTE: STATUS CONFERENCE NOW SET FOR 10:00 A.M., SEPTEMBER 4, 2009. HEARING RE DISCOVERY DISPUTE FOLLOWS CONFERENCE. Signed by Judge William Alsup on 9/3/2009. (whasec, COURT STAFF) (Filed on 9/3/2009)
September 3, 2009124Reply Memorandum 127 APPLE INC.'S REPLY TO PSYSTAR CORPORATION'S SUPPLEMENTAL BRIEFING ON THE RELEVANCE OF TOPIC 3 TESTIMONY, DEFENDANT'S MOTION TO COMPEL, AND PLAINTIFF'S CROSS-MOTION FOR A PROTECTIVE ORDER filed by Apple Inc.. (Attachments: # 1 Exhibit A)(Gilliland, James) (Filed on 9/3/2009) Modified on 9/4/2009 (sis, COURT STAFF).
September 3, 2009125Memorandum in Opposition to Psystar's Letter Brief filed August 31, 2009 112 filed by Apple Inc. REDACTED VERSION. (Attachments: # 1 Affidavit, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Chung, Megan) (Filed on 9/3/2009) Modified on 9/4/2009 (sis, COURT STAFF).
September 3, 2009126MOTION to Seal Portions of Apple Inc.'s Opposition to Psystar's Brief filed on August 31, 2009 and Exhibits 1-3 to Declaration of Megan M. Chung filed by Apple Inc.. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Chung, Megan) (Filed on 9/3/2009)
December 31, 1969127
September 4, 2009128Minute Entry: Motion Hearing held on 9/4/2009 before Judge William Alsup (Date Filed: 9/4/2009). Discovery Hearing set for 9/24/2009 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Court Reporter Katherine Sullivan.) (tdm, COURT STAFF) (Date Filed: 9/4/2009)
September 9, 2009129Court Opinion or Order ORDER GRANTING MOTION TO FILE UNDER SEAL PORTIONS OF APPLE INC.'S OPPOSITION LETTER BRIEF AND EXHIBITS TO DECLARATION OF MEGAN M. CHUNG by Judge Alsup (re 126 Motion to Seal). (whalc1, COURT STAFF) (Filed on 9/9/2009)
September 9, 2009130Court Opinion or Order ORDER GRANTING MOTION TO SEAL PSYSTAR CORPORATION'S MOTION FOR ADMINISTRATIVE ACTION by Judge Alsup (re 105 Motion to Seal). (whalc1, COURT STAFF) (Filed on 9/9/2009)
December 31, 1969131
December 31, 1969132
September 10, 2009133Transcript of Proceedings held on September 4, 2009, before Judge William H. Alsup. Court Reporter/Transcriber Katherine Powell Sullivan, Telephone number 415-794-6659. 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 12/7/2009. (Sullivan, Katherine) (Filed on 9/10/2009)
September 11, 2009134MOTION to Seal MOTION TO DISMISS OR ENJOIN, THE DECLARATION OF JACQUES VIDRINE AND EXHIBITS 4-11 AND 14 TO DECLARATION OF MEHRNAZ BOROUMAND SMITH filed by Apple Inc.. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Boroumand Smith, Mehrnaz) (Filed on 9/11/2009)
September 11, 2009135Declaration of MEHRNAZ BOROUMAND SMITH IN SUPPORT OF APPLE'S MOTION TO DISMISS OR ENJOIN PROSECUTION OF THE RECENTLY-FILED FLORIDA ACTION AND TO RE-OPEN DISCOVERY FOR LIMITED PURPOSES filed byApple Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Boroumand Smith, Mehrnaz) (Filed on 9/11/2009)
September 11, 2009136Proposed Order re 135 Declaration in Support,, by Apple Inc.. (Boroumand Smith, Mehrnaz) (Filed on 9/11/2009)
September 11, 2009137Declaration of JACQUES VIDRINE in Support of 136 Proposed Order, 135 Declaration in Support,, filed byApple Inc.. (Related document(s) 136 , 135 ) (Boroumand Smith, Mehrnaz) (Filed on 9/11/2009)
September 11, 2009138MOTION to Dismiss OR ENJOIN PROSECUTION OF THE RECENTLY-FILED FLORIDA ACTION AND TO RE-OPEN DISCOVERY FOR LIMITED PURPOSES filed by Apple Inc.. Motion Hearing set for 9/24/2009 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Supplement Notice of Motion)(Boroumand Smith, Mehrnaz) (Filed on 9/11/2009)
September 18, 2009139MOTION File Document Under Seal filed by Psystar Corporation. (Camara, Kiwi) (Filed on 9/18/2009)
September 18, 2009140MOTION File Document Under Seal filed by Psystar Corporation. (Camara, Kiwi) (Filed on 9/18/2009)
September 18, 2009141Memorandum in Opposition re 138 MOTION to Dismiss OR ENJOIN PROSECUTION OF THE RECENTLY-FILED FLORIDA ACTION AND TO RE-OPEN DISCOVERY FOR LIMITED PURPOSES filed byPsystar Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Camara, Kiwi) (Filed on 9/18/2009)
September 19, 2009142EXHIBITS re 141 Memorandum in Opposition, (Corrected Copies) filed byPsystar Corporation. (Attachments: # 1 Additional Exhibit, # 2 Additional Exhibit)(Related document(s) 141 ) (Camara, Kiwi) (Filed on 9/19/2009)
September 21, 2009143MOTION to Seal PORTIONS OF APPLE INC.'S OPPOSITION TO PSYSTAR CORPORATION'S MOTION TO STRIKE THE DECLARATION OF JACQUES VIDRINE AND FOR SANCTIONS filed by Apple Inc.. (Attachments: # 1 Affidavit J. Jeb B. Oblak, # 2 Proposed Order)(Boroumand Smith, Mehrnaz) (Filed on 9/21/2009)
September 21, 2009144Memorandum in Opposition re 143 MOTION to Seal PORTIONS OF APPLE INC.'S OPPOSITION TO PSYSTAR CORPORATION'S MOTION TO STRIKE THE DECLARATION OF JACQUES VIDRINE AND FOR SANCTIONS, 139 MOTION File Document Under Seal filed byApple Inc.. (Attachments: # 1 Affidavit DECLARATION OF JAMES G. GILLILAND, JR., # 2 Exhibit 1 TO DECLARATION OF JAMES G. GILLILAND, JR., # 3 Exhibit 2 TO DECLARATION OF JAMES G. GILLILAND, JR., # 4 Proposed Order)(Boroumand Smith, Mehrnaz) (Filed on 9/21/2009)
September 21, 2009145MOTION to Seal [MISCELLANEOUS ADMINISTRATIVE REQUEST TO FILE UNDER SEAL (1) PORTIONS OF APPLE INC.'S REPLY BRIEF IN SUPPORT OF ITS MOTION TO DISMISS OR ENJOIN, (2) CERTAIN EXHIBITS TO THE REPLY DECLARATION OF J. JEB B. OBLAK IN SUPPORT THEROF; (3) REPLY DECLARATION OF DR. JOHN P. J. KELLY AND EXHIBITS THERETO IN SUPPORT THEREOF] filed by Apple Inc.. (Attachments: # 1 Affidavit of Mehrnaz Boroumand Smith in Support Thereof, # 2 Proposed Order)(Boroumand Smith, Mehrnaz) (Filed on 9/21/2009)
September 21, 2009146Reply Memorandum re 138 MOTION to Dismiss OR ENJOIN PROSECUTION OF THE RECENTLY-FILED FLORIDA ACTION AND TO RE-OPEN DISCOVERY FOR LIMITED PURPOSES filed byApple Inc.. (Gilliland, James) (Filed on 9/21/2009)
September 21, 2009147Declaration of J. Jeb B. Oblak in Support of 138 MOTION to Dismiss OR ENJOIN PROSECUTION OF THE RECENTLY-FILED FLORIDA ACTION AND TO RE-OPEN DISCOVERY FOR LIMITED PURPOSES [REPLY DECLARATION OF J. JEB B. OBLAK IN SUPPORT OF APPLE INC.S MOTION TO DISMISS OR ENJOIN] filed byApple Inc.. (Attachments: # 1 Exhibit (s) 1-6 [submitted under seal])(Related document(s) 138 ) (Gilliland, James) (Filed on 9/21/2009) Modified on 9/22/2009 (sis, COURT STAFF).
September 21, 2009148Declaration of Dr. John P. J. Kelly in Support of 138 MOTION to Dismiss OR ENJOIN PROSECUTION OF THE RECENTLY-FILED FLORIDA ACTION AND TO RE-OPEN DISCOVERY FOR LIMITED PURPOSES [REPLY DECLARATION OF DR. JOHN P. J. KELLY IN SUPPORT OF APPLE INC.'S MOTION TO DISMISS OR ENJOIN, SUBMITTED UNDER SEAL] filed byApple Inc.. (Attachments: # 1 Exhibit (s) 1-2 [submitted under seal])(Related document(s) 138 ) (Gilliland, James) (Filed on 9/21/2009)
September 21, 2009149Declaration of Susan D. Carroll in Support of 138 MOTION to Dismiss OR ENJOIN PROSECUTION OF THE RECENTLY-FILED FLORIDA ACTION AND TO RE-OPEN DISCOVERY FOR LIMITED PURPOSES [REPLY DECLARATION OF SUSAN D. CARROLL IN SUPPORT OF APPLE INC.'S MOTION TO DISMISS OR ENJOIN] filed byApple Inc.. (Attachments: # 1 Exhibit (s) 1-4)(Related document(s) 138 ) (Gilliland, James) (Filed on 9/21/2009)
September 23, 2009150Court Opinion or Order ORDER RE DEFENDANT'S MOTION TO COMPEL AND PLAINTIFF'S CROSS-MOTION FOR PROTECTIVE ORDER. Signed by Judge Alsup on September 22, 2009. (whalc1, COURT STAFF) (Filed on 9/23/2009)
September 23, 2009151NOTICE of Appearance by Kiwi Alejandro Danao Camara Adding Eugene Action (Camara, Kiwi) (Filed on 9/23/2009)
September 24, 2009152Court Opinion or Order ORDER DENYING APPLE'S MOTION TO ENJOIN FLORIDA ACTION AND TO RE-OPEN INSTANT CASE TO INCLUDE FLORIDA ACTION AND DENYING MOTION TO STRIKE by Judge William Alsup [denying 138 Motion to Dismiss]. (whasec, COURT STAFF) (Filed on 9/24/2009)
September 24, 2009153Court Opinion or Order ORDER GRANTING REQUEST FOR AN ORDER PERMITTING FILING UNDER SEAL OF MOTION TO DISMISS OR ENJOIN, THE DECLARATION OF JACQUES VIDRINE AND EXHIBITS 4-11 AND 14 TO DECLARATION OF MEHRNAZ BOROUMAND SMITH by Judge Alsup (re 134 Motion to Seal). (whalc1, COURT STAFF) (Filed on 9/24/2009)
September 24, 2009154Court Opinion or Order ORDER GRANTING MOTION TO FILE UNDER SEAL PSYSTAR'S MOTION TO STRIKE DECLARATION OF VIDRINE AND PORTIONS OF APPLE'S MOTION TO DISMISS by Judge Alsup (re 139 Motion Seal). (whalc1, COURT STAFF) (Filed on 9/24/2009)
September 24, 2009155Court Opinion or Order ORDER GRANTING REQUEST FOR AN ORDER PERMITTING THE FILING UNDER SEAL OF PORTIONS OF APPLE'S OPPOSITION TO PSYSTAR'S MOTION TO STRIKE THE DECLARATION OF VIDRINE AND FOR SANCTIONS by Judge Alsup (re 143 Motion to Seal). (whalc1, COURT STAFF) (Filed on 9/24/2009)
September 24, 2009156Proposed Order re 140 MOTION File Document Under Seal by Psystar Corporation. (Camara, Kiwi) (Filed on 9/24/2009)
September 25, 2009157Court Opinion or Order ORDER GRANTING MOTION TO FILE UNDER SEAL PSYSTAR'S OPPOSITION TO APPLE'S MOTION TO DISMISS OR ENJOIN by Judge Alsup (re 140 Motion to File Under Seal). (whalc1, COURT STAFF) (Filed on 9/25/2009)
September 25, 2009158Court Opinion or Order ORDER GRANTING REQUEST TO FILE UNDER SEAL (1) PORTIONS OF APPLE'S REPLY BRIEF IN SUPPORT OF ITS MOTION TO DISMISS OR ENJOIN, (2) CERTAIN EXHIBITS TO THE REPLY DECLARATION OF OBLAK; (3) REPLY DECLARATION OF DR. KELLY AND EXHIBITS by Judge Alsup (re 145 Motion to Seal). (whalc1, COURT STAFF) (Filed on 9/25/2009)
December 31, 1969160
December 31, 1969161
December 31, 1969165
December 31, 1969166
December 31, 1969167
September 28, 2009168Court Opinion or Order ORDER GRANTING REQUEST FOR ORDER PERMITTING THE FILING UNDER SEAL OF LETTER BRIEF DATED AUGUST 31, 2009 (re 111 Letter Brief Motion to Seal). Signed by Judge Alsup on September 28, 2009. (whalc1, COURT STAFF) (Filed on 9/28/2009)
December 31, 1969169
October 1, 2009170First MOTION to Withdraw as Attorney filed by Psystar Corporation. (Attachments: # 1 Affidavit Declaration, # 2 Proposed Order)(Welker, David) (Filed on 10/1/2009)
October 6, 2009171Court Opinion or Order ORDER GRANTING MOTION OF DAVID WELKER REQUESTING PERMISSION TO WITHDRAW FROM THE CASE by Judge Alsup (re 170 Motion to Withdraw as Attorney). Attorney David Vernon Welker is terminated. (whalc1, COURT STAFF) (Filed on 10/6/2009)
October 5, 2009172MOTION for leave to appear in Pro Hac Vice, Kent Radford, Esq., ( Filing fee $ 210, receipt number 34611037420.) filed by Psystar Corporation. (Attachments: # 1 Proposed Order)(sis, COURT STAFF) (Filed on 10/5/2009)
October 6, 2009173NOTICE by Apple Inc. NOTICE OF ASSOCIATION OF COUNSEL (Boroumand Smith, Mehrnaz) (Filed on 10/6/2009)
October 6, 2009174NOTICE of Voluntary Dismissal of DOE Defendants Without Prejudice Pursuant to Fed. R. Civ. P. 41(a) by Apple Inc. (Boroumand Smith, Mehrnaz) (Filed on 10/6/2009)
October 7, 2009175Court Opinion or Order ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY KENT RADFORD PRO HAC VICE by Judge Alsup (re 172 Motion for Pro Hac Vice). (whalc1, COURT STAFF) (Filed on 10/7/2009)
October 7, 2009176Minute Entry: Settlement Conference held, case did not settle. (Date Filed: 10/7/2009). (bzsec, COURT STAFF) (Date Filed: 10/7/2009)
October 8, 2009177Transcript of Proceedings held on 9-24-2009, before Judge William H. Alsup. Court Reporter/Transcriber Debra L. Pas, CSR, Telephone number (415) 431-1477. 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 1/4/2010. (Pas, Debra) (Filed on 10/8/2009)
October 8, 2009178MOTION to Seal Portions of Apple Inc.'s Motion For Summary Judgment, Portions of Lynde Declaration, Kelly Declaration and Certain Exhibits to Chung Declaration filed by Apple Inc.. (Attachments: # 1 Affidavit J. Jeb B. Oblak, # 2 Proposed Order)(Gilliland, James) (Filed on 10/8/2009)
October 8, 2009179MOTION Motion to Seal Motion for Summary Judgment filed by Psystar Corporation. (Camara, Kiwi) (Filed on 10/8/2009)
October 8, 2009180NOTICE by Apple Inc. NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT ON COPYRIGHT INFRINGEMENT, DMCA VIOLATIONS AND PSYSTAR'S AFFIRMATIVE DEFENSES (Gilliland, James) (Filed on 10/8/2009)
October 8, 2009181MOTION for Summary Judgment ON COPYRIGHT INFRINGEMENT, DMCA VIOLATIONS AND PSYSTAR'S AFFIRMATIVE DEFENSES filed by Apple Inc.. Motion Hearing set for 11/12/2009 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Affidavit Confidential Kelly Declaration, # 2 Affidavit Lynde Declaration, # 3 Proposed Order)(Gilliland, James) (Filed on 10/8/2009)
October 8, 2009182MOTION for Summary Judgment filed by Psystar Corporation. Motion Hearing set for 11/12/2009 01:00 PM in Courtroom 12, 19th Floor, San Francisco. (Attachments: # 1 Notice of Motion, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Proposed Order)(Camara, Kiwi) (Filed on 10/8/2009)
October 8, 2009183Declaration of Megan C. Chung in Support of 180 Notice (Other) [DECLARATION OF MEGAN M. CHUNG IN SUPPORT OF APPLE INC.'S MOTION FOR SUMMARY JUDGMENT ON COPYRIGHT INFRINGEMENT, DMCA VIOLATIONS AND PSYSTARS AFFIRMATIVE DEFENSES] filed byApple Inc.. (Attachments: # 1 Exhibit (s) 1-2, # 2 Exhibit (s) 3-16 (under seal), # 3 Exhibit (s) 17-22, # 4 Exhibit 23 (under seal), # 5 Exhibit (s) 24-36, # 6 Exhibit (s) 37-40, # 7 Exhibit 41 (under seal), # 8 Exhibit (s) 42-49, # 9 Exhibit (s) 50-61, # 10 Exhibit (s) 62-64 (under seal), # 11 Exhibit (s) 65-68, # 12 Exhibit 69 (under seal))(Related document(s) 180 ) (Chung, Megan) (Filed on 10/8/2009)
October 9, 2009184Declaration of Kent Radford in Support of 182 MOTION for Summary Judgment filed byPsystar Corporation. (Related document(s) 182 ) (Camara, Kiwi) (Filed on 10/9/2009)
September 24, 2009185Minute Entry: Discovery Hearing re Plt's Motion to Reopen Discovery; Motion to Dismiss held on 9/24/2009 before William Alsup (Date Filed: 9/24/2009). Court increased the summary judgment briefing. Opening is 30 pages; opposition 30 pages; and reply 15 pages. (Court Reporter Debra Pas.) (dt, COURT STAFF) (Date Filed: 9/24/2009)
October 13, 2009186MOTION Motion to Seal Motion in Opposition filed by Psystar Corporation. (Attachments: # 1 Proposed Order)(Camara, Kiwi) (Filed on 10/13/2009)
October 13, 2009187MEMORANDUM in Opposition to Apple's Motion to Seal filed byPsystar Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order)(Camara, Kiwi) (Filed on 10/13/2009)
October 14, 2009188Reply to Opposition re 178 MOTION to Seal Portions of Apple Inc.'s Motion For Summary Judgment, Portions of Lynde Declaration, Kelly Declaration and Certain Exhibits to Chung Declaration filed byApple Inc.. (Attachments: # 1 Affidavit Reply Declaration of J. Jeb B. Oblak in Support of Apple Inc.'s Motion to Seal Portions of its Motion for Summary Judgment on Copyright Infringment, DMCA Violations and Psystar's Affirmative Defenses, # 2 Exhibit A-E)(Boroumand Smith, Mehrnaz) (Filed on 10/14/2009)
October 22, 2009189CLERKS NOTICE Rescheduling Motion Hearing. Motion Hearing set for 11/12/2009 02:00 PM. (dt, COURT STAFF) (Filed on 10/22/2009)
October 22, 2009190MOTION to Seal Document [Miscellaneous Administrative Request to File under Seal Portions of Apple Inc.'s Opposition to Psystar Corporation's Motion for Summary Judgment, Paragraph 2 of the Kelly Declaration and Portions of Exhibit 2 to the Boroumand Smith Declaration in Opposition to Same] filed by Apple Inc.. (Attachments: # 1 Affidavit of J. Jeb B. Oblak, # 2 Proposed Order)(Oblak, Jeb) (Filed on 10/22/2009)
October 22, 2009191DECLARATION of JOHN P. J. KELLY in Opposition to 182 MOTION for Summary Judgment [Declaration of John P. J. Kelly in Opposition to Psystar Corporation's Motion for Summary Judgment] filed byApple Inc.. (Related document(s) 182 ) (Boroumand Smith, Mehrnaz) (Filed on 10/22/2009)
October 22, 2009192DECLARATION of MEHRNAZ BOROUMAND SMITH in Opposition to 182 MOTION for Summary Judgment [Declaration of Mehrnaz Boroumand Smith in Opposition to Psystar's Motion for Summary Judgment] filed byApple Inc.. (Attachments: # 1 Exhibit (s) 1-6, # 2 Exhibit (s) 7-14)(Related document(s) 182 ) (Boroumand Smith, Mehrnaz) (Filed on 10/22/2009)
October 22, 2009193MOTION Motion to Seal filed by Psystar Corporation. (Attachments: # 1 Proposed Order)(Camara, Kiwi) (Filed on 10/22/2009)
October 22, 2009194NOTICE by Apple Inc. re 192 Declaration in Opposition, [Notice of Manual Filing of Exhibit 7 to Declaration of Mehrnaz Boroumand Smith] (Gilliland, James) (Filed on 10/22/2009)
October 22, 2009195Memorandum in Opposition re 181 MOTION for Summary Judgment ON COPYRIGHT INFRINGEMENT, DMCA VIOLATIONS AND PSYSTAR'S AFFIRMATIVE DEFENSES filed byPsystar Corporation. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Camara, Kiwi) (Filed on 10/22/2009)
October 23, 2009196Memorandum in Opposition re 182 MOTION for Summary Judgment [APPLE INC.'S OPPOSITION TO PSYSTAR CORPORATION'S MOTION FOR SUMMARY JUDGMENT] filed byApple Inc.. (Gilliland, James) (Filed on 10/23/2009)
October 23, 2009197Proposed Order re 196 Memorandum in Opposition [[PROPOSED] ORDER DENYING PSYSTAR CORPORATION'S MOTION FOR SUMMARY JUDGMENT] by Apple Inc.. (Gilliland, James) (Filed on 10/23/2009)
October 28, 2009198Declaration of J. Jeb B. Oblak in Support of 193 MOTION Motion to Seal filed byApple Inc.. (Attachments: # 1 Proposed Order)(Related document(s) 193 ) (Gilliland, James) (Filed on 10/28/2009)
October 29, 2009199MOTION to Seal Misc. Administrative Request to File Under Seal Portions of Apple Inc's Reply In Support of its Motion for Summary Judgment filed by Apple Inc.. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Chung, Megan) (Filed on 10/29/2009)
October 29, 2009200Reply to Opposition re 181 MOTION for Summary Judgment ON COPYRIGHT INFRINGEMENT, DMCA VIOLATIONS AND PSYSTAR'S AFFIRMATIVE DEFENSES Apple Inc.'s Reply in Support of its Motion for Summary Judgment filed byApple Inc.. (Chung, Megan) (Filed on 10/29/2009)
October 29, 2009201MOTION Motion to Seal filed by Psystar Corporation. (Attachments: # 1 Proposed Order)(Camara, Kiwi) (Filed on 10/29/2009)
October 29, 2009202*** FILED IN ERROR WITH CONFIDENTIAL INFORMATION . DOCUMENT REMOVED BY ORDER OF COURT. PLEASE REFER TO DOCUMENT 206 *** Reply Memorandum re 182 MOTION for Summary Judgment filed byPsystar Corporation. (Attachments: # 1 Signature Page (Declarations/Stipulations) Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Camara, Kiwi) (Filed on 10/29/2009) Modified on 10/30/2009 (wv, COURT STAFF). (Main Document 202 replaced on 11/10/2009) (feriab, COURT STAFF).
October 30, 2009203MOTION Motion to Seal Motion for Administrative Action filed by Psystar Corporation. (Attachments: # 1 Signature Page (Declarations/Stipulations) Declaration, # 2 Proposed Order)(Camara, Kiwi) (Filed on 10/30/2009)
October 30, 2009204Reply Memorandum re 182 MOTION for Summary Judgment Corrected Version filed byPsystar Corporation. (Attachments: # 1 Signature Page (Declarations/Stipulations) Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Camara, Kiwi) (Filed on 10/30/2009)
November 5, 2009205Declaration of Jeb B. Oblak in Support of 203 MOTION Motion to Seal Motion for Administrative Action [DECLARATION OF J. JEB B. OBLAK IN SUPPORT OF PSYSTAR CORPORATION'S MISCELLANEOUS ADMINISTRATIVE REQUEST FOR AN ORDER PERMITTING THE FILING UNDER SEAL OF PORTIONS OF PSYSTAR CORP.'S REPLY BRIEF AND EXHIBITS A-C (DKT. NO. 203)] filed byApple Inc.. (Attachments: # 1 Proposed Order)(Related document(s) 203 ) (Oblak, Jeb) (Filed on 11/5/2009)
November 9, 2009206Court Opinion or Order ORDER GRANTING PSYSTAR'S MOTION FOR AN ORDER FOR ADMINISTRATIVE ACTION. Signed by Judge Alsup on November 9, 2009. (whalc1, COURT STAFF) (Filed on 11/9/2009)
November 13, 2009207Court Opinion or Order ORDER GRANTING REQUEST TO SEAL PORTIONS OF APPLE'S MOTION FOR SUMMARY JUDGMENT by Judge Alsup (re 178 Motion to Seal). (whalc1, COURT STAFF) (Filed on 11/13/2009)
November 13, 2009208Court Opinion or Order ORDER GRANTING REQUEST TO SEAL PSYSTAR'S OPPOSITION TO APPLE'S MOTION TO SEAL by Judge Alsup (re 186 Motion to Seal). (whalc1, COURT STAFF) (Filed on 11/13/2009)
November 13, 2009209Court Opinion or Order ORDER GRANTING REQUEST TO SEAL PORTIONS OF APPLE'S OPPOSITION TO PSYSTAR'S MOTION FOR SUMMARY JUDGMENT by Judge Alsup (re 190 Motion to Seal Document). (whalc1, COURT STAFF) (Filed on 11/13/2009)
November 13, 2009210Court Opinion or Order ORDER GRANTING REQUEST TO FILE UNDER SEAL PSYSTAR'S RESPONSE TO APPLE'S MOTION FOR SUMMARY JUDGMENT by Judge Alsup (re 193 Motion to Seal). (whalc1, COURT STAFF) (Filed on 11/13/2009)
November 13, 2009211Court Opinion or Order ORDER GRANTING REQUEST TO FILE UNDER SEAL PORTIONS OF APPLE'S REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT by Judge Alsup (re 199 Motion to Seal). (whalc1, COURT STAFF) (Filed on 11/13/2009)
November 13, 2009212Court Opinion or Order ORDER GRANTING REQUEST TO SEAL PSYSTAR'S MOTION FOR ADMINISTRATIVE ACTION by Judge Alsup (re 203 Motion to Seal). (whalc1, COURT STAFF) (Filed on 11/13/2009)
November 13, 2009213Court Opinion or Order ORDER GRANTING REQUEST TO FILE UNDER SEAL PORTIONS OF PSYSTAR'S REPLY BRIEF by Judge Alsup (re 201 Motion to Seal). (whalc1, COURT STAFF) (Filed on 11/13/2009)
November 13, 2009214Court Opinion or Order ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT by Judge Alsup (re 181 Motion for Summary Judgment and 182 Motion for Summary Judgment). (whalc1, COURT STAFF) (Filed on 11/13/2009)
November 12, 2009215Minute Entry: Motion Hearing held on 11/12/2009 before William Alsup (Date Filed: 11/12/2009). Cross Motions for Summary Judgment submitted. (Court Reporter Sahar McVickar.) (dt, COURT STAFF) (Date Filed: 11/12/2009)
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