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Intellectual Property Law

: Groklaw

Psystar has to pay Apple $5000 for bringing discovery motion

By Pamela Jones et al.

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Well, Psystar is continuing to hit its head against the wall. There is a minute entry, letting us know that there was a discovery hearing on the 20th, about Psystar's motion to compel, and the judge has ordered the parties to file supplemental briefs, and "Defendant shall pay plaintiff $5,000 in attorneys fees for bringing the motion". Defendant is Psystar:
08/24/2009 - 96 - Minute 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) (Entered: 08/24/2009)

I feel safe in saying that the new strategy is working about as well as the prior strategy, namely not. This was the motion [PDF] where Psystar claimed Apple executive Phil Schiller arrived "totally unprepared" for the deposition, and Apple said that he sat for two depositions, and Psystar walked out of the second one midstream ("Mr. Schiller was fully prepared to discuss the non-quantifiable, irreparable injury to Apple but Psystar's counsel chose to not ask those questions and terminated the deposition instead.")

The judge asking for supplemental briefs is interesting. I'm thinking the judge was disturbed by something he heard at the hearing, but we'll have to wait to find out the details once the briefs are filed on the 27th.

Full post as published by Groklaw on August 25, 2009 (boomark / email).

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