Microbytes / October 1992

Judge Affirms Look-and-Feel Decision

Tom R. Halfhill

Apple lost again in its $5.5 billion lawsuit against Microsoft and Hewlett-Packard over the Mac interface when U.S. District Judge Vaughn Walker reaffirmed his April 14 ruling that most aspects of Microsoft Windows and HP's NewWave do not illegally copy Apple's GUI.

In a detailed 75-page opinion released in August, Judge Walker said the similarities between Windows, NewWave, and the Mac either do not violate U.S. copyright law or are covered by a 1985 agreement, in which Apple allowed Microsoft to borrow certain elements of the Mac's screens for Windows 1.0. The affirmation seems to dash Apple's hopes of winning a victory against Microsoft and HP.

Shortly after his August decision, Judge Walker conducted a lengthy conference call with attorneys from all three companies. The attorneys were invited to submit additional briefs to the court by August 31; at press time, all three companies were expected to take advantage of the opportunity. Each side was to have until September 14 to respond to the other side's arguments. Afterward, Judge Walker is expected to render another opinion, which may lead to a final resolution of the four-year-old lawsuit.

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