Judge to Reconsider Ruling Against Apple Computer

A federal judge reluctantly granted Apple Computer a reprieve Tuesday in its $5.5-billion copyright lawsuit against Microsoft Corp. and Hewlett-Packard Inc., agreeing to reconsider an earlier ruling that many observers said had all but destroyed Apple’s case.

Apple alleges in the 4-year-old lawsuit that Microsoft’s popular Windows software and a related H-P program are illegally derived from the Apple Macintosh. The suit involves the similar way in which the programs display information on a computer screen.

Last month, U.S. District Court Judge Vaughn Walker ruled that nearly all the graphical elements used in the Windows program either could not be copyrighted or were covered in a Apple-Microsoft license, and thus could not infringe Apple copyrights.

But at a packed hearing Tuesday, Walker, citing the importance to the computer industry of the case, agreed “with great reluctance” to consider new arguments from Apple on why some of the individual elements should enjoy copyright protection. He chided the company for a legal strategy that has sought to avoid a case-by-case examination of each piece of the software and instead focus on the overall “look-and-feel.”

Walker also heard arguments on “substantial similarity” between Windows and the Macintosh, with Apple repeating arguments that the overall appearance and operation of its software is protected under copyright law even if the individual elements are not. Microsoft and H-P contend that that issue was already decided in previous rulings.

Walker did not rule on the “substantial similarity” question. Another hearing is scheduled for next month, though Walker is likely to issue written rulings on some of the issues before then.