AppleInsider reports that a California judge granted Apple's motion to dismiss counterclaims from 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.
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. Should the company fail to do so, all of its claims will be dismissed without leave to amend.
Central to Psystar's complaint was that Apple’s Mac OS X operating system is not reasonably interchangeable with other operating systems such as Microsoft Windows and therefore comprises its own distinct market. The clone maker alleged that Apple has engaged in various forms of anti-competitive conduct in order to "protect its valuable monopoly in the Mac OS market" and that it has also run advertising campaigns to help define the Mac OS as a product separate and distinct from other operating systems.
Apple responded to Psystar's argument by asserting that the company's definition of a market comprised of a single brand of a product is neither legally nor factually plausible. Judge Alsup agreed, noting that the definition of an antitrust "relevant market" is typically a factual rather than a legal inquiry, but certain legal principles govern the definition.
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