Psystars Counterclaims Dismissed

A California judge on Tuesday granted Apple’s motion to dismiss counterclaims on the part of unauthorized Mac clone maker Psystar, who charged the Mac maker with violating antitrust laws through its vigorous attempts to block third parties from selling rival Mac OS X-based computers.

IF you can remember, Mac clone makers Psystar charged Apple last August with violating federal and state antitrust laws by attempting to squeeze potential rivals out of the market for Mac OS-based PCs. A California judge  William Alsup has dismissed a counterclaim from Psystar which asserted that Apple was violating federal and state anti-trust laws in limiting the sale and use of Mac OS X on Apple branded computers.

But in a 19-page order passed down on Tuesday, Judge William Alsup largely reject Psystar’s claims and granted Apple’s motion to have the countersuit thrown out of court should the clone maker not better its argument through an amended complaint that can be filed no later than Monday December 8th.

Psystar attempted to define a “Mac OS market” in which Apple held a monopoly. Apple, of course, successfully disputed this definition of a “market” with which the judge agreed.

“Whether products are part of the same or different markets under antitrust law depends on whether consumers view those products as reasonable substitutes for each other and would switch among them in response to changes in relative prices,” he wrote.

The California judge also dismissed the remainder of Psystar’s stated claims, including allegations that Apple is violating the common law of unfair competition, the Cartwright Act, and the California Business and Professions Code for a lack of sufficient evidence to back them up.

Look like apple won this round. We’ll see what Psystar is going to do next. [AppleInsider]

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