It isn't hard to see why mediation wouldn't work for the parties in the
Apple v. Psystar litigation, just by reading what each has filed with the US Court of Appeals for the Ninth Circuit in a form called the Mediation Questionnaire:
01/22/2010 - 3 - Filed (ECF) Appellee Apple Inc. Mediation Questionnaire. Date of service: 01/22/2010. [7205615] (JGG)
01/24/2010 - 4 - Filed (ECF) Appellant Psystar Corporation Mediation Questionnaire. Date of service: 01/22/2010. [7205736] (KDC)
The form is a mediation form that they have to fill out within a week of a filing for appeal, telling the court about the case, so their mediation service can figure out what the issues are, or in this case, why mediation would be a wasted effort.
It's a total he said/she said thing. Here's the only thing they agree about
: "Both Psystar and Apple agree that this case is not suitable for mediation." But this form is of real interest, in that it gives us our first real indication of what Psystar's appeal is going to be about. It has filed a notice of appeal, but it won't file its brief until May. So this is our first substantive clue.
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