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APPLE INC. v. PSYSTAR CORP.

No. 10-15113.

658 F.3d 1150 (2011)

APPLE INC., a California corporation, Plaintiff-Appellee, v. PSYSTAR CORPORATION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 28, 2011.

Attorney(s) appearing for the Case

George A. Riley , David R. Eberhart , O'Melveny & Myers LLP, James G. Gilliland, Jr. , and Mehrnaz Broumand Smith , Kilpatrick Townsend & Stockton LLP, San Francisco, CA, for plaintiff-appellee Apple, Inc.

Kiwi D. Camara , Houston, TX, for defendant-appellant Psystar Corporation.

Before: MARY M. SCHROEDER, SIDNEY R. THOMAS, and RONALD M. GOULD, Circuit Judges.

OPINION

SCHROEDER, Circuit Judge:

This case raises important issues regarding the doctrine of "copyright misuse" as it has developed in the wake of the technological revolution of the last 30 years. Plaintiff-Appellee, Apple Inc. ("Apple"), is one of the leading producers of innovative technological hardware and software that has spurred enormous consumer demand for ever evolving technology. The Defendant-Appellant, Psystar Corp. ("Psystar"), is a small...

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