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APPLE COMPUTER, INC. v. FRANKLIN COMPUTER CORP.

No. 82-1582.

714 F.2d 1240 (1983)

APPLE COMPUTER, INC., a California corporation, Appellant, v. FRANKLIN COMPUTER CORPORATION, a Pennsylvania corporation.

United States Court of Appeals, Third Circuit.

Decided August 30, 1983.

Rehearing and Rehearing Denied September 23, 1983.

Certiorari Dismissed January 4, 1984.

Attorney(s) appearing for the Case

Jack E. Brown (argued), Eugene D. Cohen, Joseph W. Mott, Lawrence G.D. Scarborough, Brown & Bain, P.A., Phoenix, Ariz., Edwin H. Taylor, Blakely, Sokoloff, Taylor & Zafman, Beverly Hills, Cal., Ronald L. Panitch, Jay K. Meadway, Seidel, Gonda, Goldhammer & Panitch, P.C., Philadelphia, Pa., for appellant.

Jerome J. Shestack (argued), Michael J. Mangan, Sherry A. Swirsky, Schnader, Harrison, Segal & Lewis, Manny D. Pokotilow, Barry A. Stein, Caesar, Rivise, Bernstein & Cohen, Ltd., Philadelphia, Pa., for appellee.

Before HUNTER, HIGGINBOTHAM and SLOVITER, Circuit Judges.

Rehearing and Rehearing In Banc Denied September 23, 1983.

Certiorari Dismissed January 4, 1984. See 104 S.Ct. 690.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

INTRODUCTION

Apple Computer, Inc. appeals from the district court's denial of a motion to preliminarily enjoin Franklin Computer Corp. from infringing the copyrights Apple holds on fourteen computer programs.

The decision to grant or refuse to grant...

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