Apple, Inc. v. Psystar Corp., 08-03251 WHA (N.D. Cal. 2009)

Apple won a thorough victory on Friday in its suit against Pystar Corp.  Apple distributed its Mac OS X operating system under a license where customers were contractually precluded from using the operating system on non-Apple computers. Psystar modified Apple’s operating system to run on computers that it sold. In the motion at bar, Apple was granted summary judgment on a series of claims, including direct infringement, contributory infringement, and violation of the DMCA. The Court also rejected Psystar’s 117 defense, copyright and trademark fair use defenses, and copyright misuse defense.

Apple’s remaining claims left for trial are (1) breach of contract; (2) induced breach of contract, (3) trademark infringement; (4) trademark dilution; (5) trade dress infringement; and (6) state unfair competition under California Business and Professions Code § 17200; and (7) common law unfair competition.