Apple vs Microsoft - 1

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LEGAL ASPECT OF MANAGEMENT
LEGAL ISSUE BETWEEN APPLE AND MICROSOFT FOR USE OF CERTAIN ELEMENTS OF GRAPHICAL USER INTERFACE

UNDER GUIDANCE OF MANEESH YADAV BY ASHISH KUMAR SECTION- A JL12PGDM042

Full case name - Apple Computer, Inc. v. Microsoft Corporation and Hewlett-Packard Co. Date decidedSeptember 19, 1994 Apple Computer, Inc. v. Microsoft Corporation, was a copyright infringement lawsuit in which Apple Computer, Inc. (now Apple Inc.) sought to prevent Microsoft and Hewlett-Packard from using visual graphical user interface (GUI) elements that were similar to those in Apple's Lisa and Macintosh operating systems. The court ruled that, "Apple cannot get patent-like protection for the idea of a graphical user interface, or the idea of a desktop metaphor [under copyright law]. [1] In the midst of the Apple v. Microsoft lawsuit, Xerox also sued Apple alleging that Mac's GUI was heavily based on Xerox's. [2] The district court dismissed Xerox's claims without addressing whether Apple's GUI infringed Xerox's. [3] Apple lost all claims in the Microsoft suit except for the ruling that the trash can icon and folder icons from Hewlett-Packard's New Wave windows application were infringing. The lawsuit was filed in 1988 and lasted four years; the decision was affirmed on appeal in 1994, and Apple's appeal to the U.S. Supreme Court was denied.

CONTENTS
INTRODUCTION BACKGROUND COURT CASE IMPACT PATENT LAWS INVENTIONS PATENTABLE INFRINGEMENT OF PATENT REMEDIES FOR INFRINGEMENT OF PATENT COPYRIGHT LAWS REMEDIES FOR INFRINGEMENT OF COPYRIGHT CONCLUSION 3

INTRODUCTION

Apple Inc. formerly Apple Computer Inc. is an American multinational corporation that designs and sells consumer electronics, computer software, and personal computers. The company's best-known hardware products are the Macintosh line of computers, the iPod, the iPhone and the iPad. Its software includes the OS X and iOS operating system; the iTunes media browser; and the iLife and iWork creativity and production suites. Apple is the world's third-largest mobile phone maker after Samsung and Nokia. Established on April 1, 1976 in Cupertino, California, and incorporated January 3, 1977, the company was named Apple Computer, Inc. for its first 30 years. The word "Computer" was removed from its name on January 9, 2007, as its traditional focus on personal computers shifted towards consumer electronics. Microsoft Corporation is an American multinational corporation headquartered in Redmond, Washington that develops, manufactures, licenses and supports a wide range of products and services related to computing. The company was founded by Bill Gates and Paul Allen on April 4, 1975. Microsoft is the world's largest software maker measured by revenues. It is also one of the world's most valuable companies. Graphical user interface (GUI) is a type of user interface that allows users to interact with electronic devices using images rather than text commands. GUIs can be used in computers, hand-held devices such as MP3 players, portable media players or gaming devices, household appliances and office equipment. A GUI represents the information and actions available to a user through graphical icons and visual indicators such as secondary notation, as opposed to text-based interfaces, typed command labels or text navigation. The actions are usually performed through direct manipulation of the graphical elements. The term GUI is restricted to the scope of three-dimensional display screens with display resolutions able to describe generic information, in the tradition of the computer science research at the PARC (Palo Alto Research Center). The term GUI is rarely applied to other lowresolution types of interfaces that are non-generic, such as video games or not restricted to flat screens, like volumetric displays.

BACKGROUND

Who Invented the GUI? It was a great idea, but whose idea was it anyway? According to Apple founder Steve Jobs, it wasn't Microsoft's; it...
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