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Mon, Mar 22, 2010 - 08:35 AM EDT  —  AAPL: 222.2499 (-2.4001, -1.07%)  |  NASDAQ: 2374.41 (-16.87, -0.71%)

Apple, Psystar seek pre-trial protection order; trial scheduled for November 9, 2009
Thursday, February 26, 2009 - 04:59 PM EDT

"Apple and unauthorized Mac clone maker Psystar have agreed to restrict access to certain trade secrets and software code in an effort to avoid any leaks to their respective competitors as they near the discovery process that will precede a formal trial," Zach Spear reports for AppleInsider.

"Filed yesterday, the 18-page order will bound [sic] both parties to an agreement requiring all 'personal, proprietary, or confidential information or trade secrets' be labeled with 'CONFIDENTIAL' and/or 'CONFIDENTIAL - ATTORNEYS' EYES ONLY.' The order is pending approved by Northern District of California Judge William Alsup," Spear reports.

"The material in question could be documents, software code, interrogatories, deposition testimony, and other information found during discovery, and it is "not intended to govern" the trial. Presumably, Judge Alsup will establish guidelines of protection during that phase of the litigation," Spear reports.

"The trial is scheduled for November 9th," Spear reports.

Full article here.

[Thanks to MacDailyNews Reader "Judge Bork" for the heads up.]

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Feb 26, 09 - 06:08 pm Comment from: TheConfuzed1

The two yout's...

The two what?

Excuse me... The two youTHHHHS...

Feb 26, 09 - 06:10 pm Comment from: ken1w

What "trade secrets" could Pystar possibly have?

You mean this is going to drag on until the end of this year...

Feb 26, 09 - 06:15 pm Comment from: Crabs

"…the 18-page order will bound both parties…" I HATE it that professional writers can't write worth crap. Bind, folks, bind. Simple grammar escapes these people.

Feb 26, 09 - 06:45 pm Comment from: HMCIV

@Crabs.

Actually, the 18 page order was printed on a slick new Flubberized paper which retains 110% of it's elasticity. So when the judge drops the 18 page document on the floor (as is customary in Texas and Delaware), it will bound over the lawyers heads. The attorney that catches the legal document first my start either on offense or defense. The other side has choice of field position.

Feb 26, 09 - 06:49 pm Comment from: zek

Maybe this is why someone is bankrolling the shysters. It's like "I put all my money in this vault, and you put all yours in, and only you and me will have a key, so the money will be safe, right?"

Feb 26, 09 - 07:54 pm Comment from: Shadowself

@zek

Hopefully that was sarcasm.

In case it was not:
In a lawsuit of this type the protective orders keep the engineers from each side from viewing the proprietary documents of the other side. The lawyers can (and often do) hire neutral, third party reviewers of the documents that are then under court order to not discuss the contents with anyone but the lawyers and the court. There can be very stiff penalties for breaking these protective orders including jail time if the disclosure is extreme.

Feb 26, 09 - 08:27 pm Comment from: eMax

They should just throw the case out, then they wouldnt need to protect anything

Feb 27, 09 - 05:06 am Comment from: Clone

"They should just throw the case out"

But the case is the only unique thing about a Mac. throw that out and all you're left with is a standard PC.

Feb 27, 09 - 10:12 am Comment from: Think

Ahh, our courts inaction. November 9th.

So much for your rights to a quick and speedy trial.

Feb 27, 09 - 05:04 pm Comment from: Road Warrior

Wow, 2009 pretty speedy action. I hear there are still people being held over there for years that haven't even been charged yet.

Feb 27, 09 - 07:09 pm Comment from: Why

"I hear there are still people being held over there for years that haven't even been charged yet."

Most are Australians, you don't need to charge them since you already know they're all criminals.

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