Apple also cast suspicion on Psystar's explanation of missing e-mails, which the Florida clone maker attributed to buggy e-mail and customer support software. "Apple is unaware of any other steps taken by Psystar to halt the deletion of relevant emails by Psystar's email system," Apple said in a footnote to the letter brief.

Apple asked Alsup to demand that Psystar turn over "the code and all master copies that Psystar has used." If it can't come up with the requested software, Apple said it wanted Alsup to require Psystar, under penalty of perjury, to admit that it destroyed documents and code.

The California computer maker also asked Alsup to sanction Psystar for its misconduct, including granting Apple what's called an "inference adverse" to Psystar. If granted, the judge or jury would then be allowed to infer that whatever was deliberately deleted must have been unfavorable to Psystar.

Alsup has set a hearing about the issue for next Thursday.

Currently, the case is schedule to hit trial on Jan. 11, 2010. The deadline for discovery by both sides is Aug. 21.