Psystar may be in the middle of bankruptcy proceedings, but that’s not going to stop Apple’s lawsuit against the clone-maker from moving ahead. As reported by Jim Dalyrmple over at the Loop, a bankruptcy judge in Florida has lifted the automatic stay placed on the case after Psystar filed for Chapter 11 bankruptcy protection in May.
This week’s order by Judge Robert Mack clears the way for Apple’s lawsuit to proceed as scheduled. The case, in which Apple argues that Psystar is infringing on its copyright by selling PCs with Mac OS X preinstalled, was slated to go to trial this November.
Apple had asked the judge to lift the stay, arguing that Psystar had filed for bankruptcy just after a court ruling that required the clone maker to turn over documents to Apple and just before a scheduled June deposition of Psystar. Apple agreed not to collect any damages from Psystar if it wins its copyright infringement case, prompting the bankruptcy court to lift the stay. (In previous filings, Apple has asked the U.S. District Court for a permanent injunction that would bar Psystar from selling any more hardware with Apple software and require Psystar to recall every clone it’s sold—moves that would effectively put the clone maker out of business.)
So what’s next in the Apple-Psystar back-and-forth? Ars Technica notes that the original deadline for discovery in the copyright infringement case is just a few days away. The judge in that case could extend the discovery period, or Psystar could appeal the bankruptcy court’s ruling. No matter what, a November trial date looms, as Apple looks to stake out a position against the growing number of would-be clone makers.