Shiller Discovery Dispute Resolved, Cases Not Combined

Late last week, we discussed the Apple vs. Psystar case (again), and in that article several points were raised which would be handled during a hearing Friday morning. Right after publishing said article, the law firm working for Psystar sent a general email to members of the press (including Groklaw and OSNews, among others) which contained the court order which resulted from this hearing. So to finalise these issues, let’s walk through them so we can put the lid on this case for a while.

The court order sent to the press by Psystar’s law firm is relatively useless because it lacks any details or contextual information. Without this, the order is very hard to understand. Thanks to a Groklaw reader who attended the hearing, we can now put the court order in perspective and understand what it’s all about.

The most important issue was a discovery dispute between the two companies about Phil Schiller’s deposition, which was not satisfactory according to Psystar’s lawyers. This issue was resolved – but not before public eyes. The matter was handled behind closed doors, so what exactly transpired will most likely never be known.

Another discovery dispute revolved around the lack of metadata for Apple’s discovery documents. This metadata-less method was agreed upon with Psystar’s previous law firm, but this was an oral agreement and no written record was kept. The judge was dissatisfied with Psystar for raising this issue so late in the game, and dissatisfied with Apple for not keeping a written record. It is now resolved by having both companies redo the 50 most important documents in Psystar’s preferred method by Tuesday.

Another issue revolved around an engineer Apple hadn’t listed who Psystar wanted to depose, but since Apple wasn’t planning on listing him, Psystar couldn’t depose him. This matter was resolved quickly.

This leaves us with the new lawsuit filed in Florida about Snow Leopard. Apple wants the two cases combined, but Judge Alsup was not very keen on that idea. Judge Alsup said combining the two cases, which should involve 30 days of additional discovery, including Psystar handing over source code regarding Snow Leopard, would postpone the trial date of coming January. In addition, Judge Alsup was afraid Apple could use it as an unfair delaying tactic. Still, if the Florida courts want to transfer the new case, Alsup said he would seriously consider it.

That’s more or less it. A few interesting tidbits: Psystar’s lawyer used an iPhone and a 13″ MacBook. After the hearing, lawyers from both sides went out for a cup of coffee together.


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