INTELLECTUAL PROPERTY LAWS
Class Presentation
Name of the case Apple Computer, Inc. v. Microsoft
Corporation and Hewlett-Packard Co.
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Citation 35 F.3d 1435 (9th Cir. 1994)
Nature of the Case Patent Infringement
Name of the Court United States Court of Appeals for the
Ninth Circuit
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Facts
Apple had agreed to license certain parts of its GUI to Microsoft for use in Windows 1.0, but
when Microsoft made changes in Windows 2.0 adding overlapping windows and other features
found in the Macintosh GUI, Apple filed suit. Apple added additional claims to the suit when
Microsoft released Windows 3.0.
Apple claimed the "look and feel" of the Macintosh operating system, taken as a whole, was
protected by copyright, and that each individual element of the interface (such as the existence of
windows on the screen, the rectangular appearance of windows, windows could be resized,
overlap, and have title bars) was not as important as all these elements taken together. After oral
arguments, the court insisted on an analysis of specific GUI elements that Apple claimed were
infringements. Apple listed 189 GUI elements; the court decided that 179 of these elements had
been licensed to Microsoft in the Windows 1.0 agreement and most of the remaining 10 elements
were not copyrightable—either they were unoriginal to Apple, or they were the only possible way
of expressing a particular idea.
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Facts (continued...)
Midway through the suit, Xerox filed a lawsuit against Apple claiming Apple had infringed
copyrights Xerox held on its GUIs. Xerox had invited the Macintosh design team to view their
GUI computers at the PARC research lab; these visits had been very influential on the
development of the Macintosh GUI. Xerox's lawsuit appeared to be a defensive move to ensure
that if Apple v. Microsoft established that "look and feel" was copyrightable, then Xerox would
be the primary beneficiary, rather than Apple. The Xerox case was dismissed, for a variety of
legal reasons.