Apple Inc. v. Psystar Corporation

Filing 125

Memorandum in Opposition to Psystar's Letter Brief filed August 31, 2009 112 filed by Apple Inc. REDACTED VERSION. (Attachments: # 1 Affidavit, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Chung, Megan) (Filed on 9/3/2009) Modified on 9/4/2009 (sis, COURT STAFF).

Apple Inc. v. Psystar Corporation

Doc. 125

Case3:08-cv-03251-WHA Document125

Filed09/03/09 Page1 of 3
James G. Gilliland, Jr. [phone] [e-mail]

September 3, 2009 Via Electronic Filing Honorable William Alsup United States District Court 450 Golden Gate Avenue Courtroom 9, 19th Floor San Francisco, CA 94102 Re: Apple Inc. v. Psystar Corp., Case No. C 08-03251 WHA

Dear Judge Alsup: Had Psystar met and conferred with Apple, as it is required to do by the Court's Local Rules 1-5(n), 37-1 and Supplemental Order ¶25, it would never have filed this motion. Had Psystar actually met and conferred, it would have learned that: (1) Apple produced the document Psystar falsely claims was not produced; (2) Apple produced documents in a manner agreed to by Psystar's prior counsel, and which both parties have used since December 2008; (3) Apple would have clarified Psystar's misunderstandings about a footnote in Apple's expert report; and (4) Apple will provide the witness sought by Psystar regarding Snow Leopard. Each of these responses is discussed below in the order raised by Psystar in its letter.

Townsend and Townsend and Crew LLP · Two Embarcadero Center, Eighth Floor, San Francisco, CA 94111 3834 · tel [phone] · fax [phone] San Francisco · Palo Alto · Walnut Creek · San Diego · Denver · Seattle · Washington DC · Tokyo · www.townsend.com

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Case3:08-cv-03251-WHA Document125

Filed09/03/09 Page2 of 3 Hon. William Alsup September 3, 2009 Page 2

Case3:08-cv-03251-WHA Document125

Filed09/03/09 Page3 of 3 Hon. William Alsup September 3, 2009 Page 3

Respectfully yours, /s/ James G. Gilliland, Jr. James G. Gilliland, Jr. Counsel for Apple Inc.