During Thursday’s (11/6/08) hearing on Apple’s Motion to Dismiss Psystar’s Counterclaims, Psystar learned that a lawyer at the firm representing Apple had previously clerked for Judge Alsup. The Court gave Psystar until noon on Monday, November 11, 2008, to file a Motion for Recusal. I have checked the docket, and it appears that no such motion has been filed. Even though Psystar was given the opportunity to move for recusal, it is conceivable that this could become a later issue in the event of an appeal if Psystar could credibly claim that it had no reasonable basis to believe that the Judge was biased at the time of the deadline, but further proceedings demonstrated such bias. It would be a high burden to overcome, but these are the types of issues that crop up in appeals.