Xerox Sues Apple Over Graphics Software
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 notes that the display was first used by Apple in its now discontinued Lisa model introduced in 1982, as well in as 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.
