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APPLE COMPUTER, INC. v. MICROSOFT CORP.

Nos. 93-16867, 93-16869 and 93-16883.

35 F.3d 1435 (1994)

APPLE COMPUTER, INC., a California corporation, Plaintiff-Appellee, v. MICROSOFT CORPORATION, a Delaware corporation, Defendant-Appellant. APPLE COMPUTER, INC., a California corporation, Plaintiff-Appellee, v. MICROSOFT CORPORATION, a Delaware corporation, Defendant, and Hewlett-Packard Co., Defendant-Appellant. APPLE COMPUTER, INC., Plaintiff-Appellant, v. MICROSOFT CORPORATION, a Delaware corporation; Hewlett-Packard Co., a California corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 19, 1994.

Attorney(s) appearing for the Case

Jack E. Brown, Brown & Bain, Phoenix, AZ, for plaintiff-appellee-cross-appellant.

David T. McDonald, McDonald & Quackenbush, Seattle, WA, for defendant-appellant-cross-appellee Microsoft Corp.

Jonathan A. Marshall, Pennie & Edmonds, New York City, for defendant-appellant-cross-appellee Hewlett-Packard Co.

Before: FERNANDEZ, RYMER, and T.G. NELSON, Circuit Judges.

RYMER, Circuit Judge:

Lisa and Macintosh are Apple computers. Each has a graphical user interface ("GUI") which Apple Computer, Inc. registered for copyright as an audiovisual work. Both GUIs were developed as a user-friendly way for ordinary mortals to communicate with the Apple computer; the Lisa Desktop and the Macintosh Finder1 are based on a desktop metaphor with windows, icons and pull-down menus which can be manipulated on the screen...

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