In September, to stop the Florida case, and took the opportunity to chide Apple over the timing of Snow Leopard's release. In his ruling, Alsup told Apple that it had to petition Hoeveler if it wanted Psystar's lawsuit terminated or transferred.

Apple did just that last week, when it said Psystar was using Hoeveler's court to put off a final judgment. "The true purpose behind Psystar's attempt to move the parties' dispute to Florida is to forum shop and to buy Psystar more time to continue its ongoing acts of infringement. Given the seriousness of Psystar's continuing unlawful conduct, it is essential for Apple to stop that from happening and obtain a final, fast and comprehensive resolution of all of the parties' claims. The Northern District of California is best positioned to provide that determination."

The California case is scheduled to go to trial in January 2010. On Dec. 14, however, Alsup will hear oral arguments on Apple's request for an injunction that would halt Psystar's Mac clone sales.

Psystar did not respond Sunday to a request for comment.