TECHNOLOGY : Apple Widens Suit Against Microsoft

Microsoft Corp. said Tuesday that its hot-selling Windows 3.0 software program will be included in the ongoing copyright infringement suit filed by Apple Computer, a development that could expose Microsoft to a much-higher financial penalty if it loses the complaint.

The software publisher said it was informed Tuesday by Apple lawyers that the 3-year-old lawsuit would be expanded to include Windows 3.0, the latest version of Microsoft’s software program that offers easy-to-use graphical instructions. Apple’s lawsuit argues that Windows illegally uses graphical features developed by Apple for its Macintosh line of personal computers.

By expanding the original suit, Apple is targeting one of the most popular personal computer programs. If its suit is successful, Apple could potentially win royalty payments from sales of the program, which has sold about 3 million copies since its introduction 11 months ago.

“We are curious as to why Apple chose to add Windows 3.0 to the lawsuit at this time,” said William Neukom, Microsoft’s vice president for law and corporate affairs. “The product has been out there for a year and they’ve known about it for longer than that, so it really makes me curious.”

Apple officials were unavailable for comment.

This is the second time in less than a week that Microsoft, the world’s largest software publisher, has said its legal problems have expanded.