eickmeye@girtab.usc.edu (Biff Henderson) (12/16/89)
The following article is from the Los Angeles Times, Friday,
December 15, 1989, page D3.
Xerox Sues Apple Over Graphics Software
by Carla Lazzareschi
Times Staff Writer
Xerox slapped Apple Computer with a $150-million lawsuit on
Thursday, contending that Apple is illegally using the software
that created the revolutionary graphics display on its highly
popular Macintosh personal computer.
The suit, filed late Thursday in federal court in San
Francisco, is a bizarre turn in an already twisted tale
surrounding the visual display currently used in Apple's
Macintosh models. The display resembles a desk top and allows a
user to manipulate data and issue instructions by using a set of
pictures, or "icons."
The Macintosh display, which has become an industry
standard, is a key reason for the machine's popularity since its
introduction in early 1984. Last year, Apple sued two computer
industry heavyweights, Microsoft and Hewlett-Packard, for
allegedly infringing on its copyrighted display.
However, Xerox claims in its suit that the Macintosh display
"stems from work originally done by Xerox" and has been used by
Apple without Xerox permission. The suit noted that the display
was first used by Apple in its now discontinued Lisa model
introduced in 1982, as well as in the Macintosh.
Xerox said it has held a copyright on the display, which it
first introduced on its now discontinued Star computer system,
since 1981.
A Xerox spokesman said the suit was filed now because recent
changes in software protection and intellectual property laws
make it easier to assert its position. He declined to specify
those changes.
An Apple spokeswoman said the company believes that the suit
is without merit and that Xerox is attempting to assert its right
to copyright an idea, rather than merely an expression of an
idea.
The spokeswoman said Apple has long acknowledged that its
display was inspired by work done by others in the computer
industry. But, she said, Apple claims that the display is its
own through its investment of "time, people and effort" to create
the software.
Xerox said in the suit that Apple's use of the display and
its licensing of it to other computer companies has allowed Apple
to "unjustly" receive royalties and fees of more than $100
million. The suit also asks for at least another $50 million
because Apple's actions constitute "unfair competition and unfair
business practices."
Xerox Chairman and Chief Executive David T. Kearns said
efforts to reach an amicable settlement, including a proposal for
Apple to license the involved software from Xerox, were rebuffed
after Xerox approached Apple last week with a proposal.