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CS settles land­mark copy­right case for Psys­tar

December 1, 2009

Psys­tar and Apple today an­nounced a par­tial set­tle­ment in a copy­right-in­fringe­ment and DMCA case that Apple filed against Psys­tar in the United States Dis­trict Court for the North­ern Dis­trict of Cali­for­nia (San Fran­cisco). Many of the set­tle­ment terms are con­fid­en­tial. But, in a stip­u­la­tion filed with the Court, Psys­tar and Apple agreed to present all copy­right is­sues pending in the case to the United States Court of Ap­peals for the Ninth Cir­cuit. Psys­tar agreed on Apple's dam­ages as­sum­ing that Apple is cor­rect on the law. Apple agreed not to col­lect any of these dam­ages pending res­ol­u­tion of the ap­peal in the Ninth Cir­cuit. Apple also agreed to dis­miss all its trade­mark, trade-dress, un­fair-com­pet­i­tion, and oth­er state-law claims against Psys­tar.

The set­tle­ment rep­res­ents a cru­cial vic­tory for Psys­tar, al­low­ing it to pro­ceed in the Ninth Cir­cuit without fear of any dis­trict-court judg­ment. The set­tle­ment also leaves un­touched a pending an­ti­trust case that Psys­tar filed against Apple in the United States Dis­trict Court for the South­ern Dis­trict of Flor­ida (Miami). Apple's mo­tion to dis­miss that case was denied in Novem­ber.

K.A.D. Ca­mara and Kent Rad­ford are lead coun­sel for Psys­tar.