Most of Xerox’s Suit Against Apple Is Thrown Out

The bulk of a $150-million lawsuit accusing Apple Computer Inc. of pirating pioneering Xerox Corp. designs to create the revolutionary Macintosh computer was thrown out Friday by a federal judge.

Xerox immediately announced that it would appeal.

U.S. District Judge Vaughn Walker dismissed five of six counts. The only count remaining asks for a declaratory judgment stating that Xerox is the owner of copyrights pertaining to its Star computer.

Xerox filed the suit in December in U.S. District Court here, charging that Apple’s Macintosh and Lisa computer software stemmed from work originally done by Xerox scientists. Xerox claimed Apple used the work without permission.

Xerox said in a statement from its Stamford, Conn., headquarters: “This ruling does not mean Apple has not taken substantial portions of Star and claimed them as their own. The court merely held, we believe erroneously, that Xerox did not have standing to present facts in support of that contention. . . . We intend to appeal.”

The dismissal of the damages claim means Xerox cannot be awarded any damages even if it wins the declaratory judgment, said Chris Ottenweller, an attorney for Apple.

“The five claims were dismissed because they are not recognized claims under federal law,” Ottenweller said.