Path: bloom-picayune.mit.edu!snorkelwacker.mit.edu!news.media.mit.edu!americast.com!usa-post Newsgroups: usa-today.law From: usa-post@AmeriCast.Com Organization: American Cybercasting Approved: usa-post@AmeriCast.com Subject: law Thu, Apr 16 1992 Date: Thu, 16 Apr 92 05:42:24 EDT Message-ID: 04-16 0000 DECISIONLINE: Business Law USA TODAY Update April 16, 1992 Source: USA TODAY:Gannett National Information Network RULING FAVORS MICROSOFT, H-P: A court ruled Tuesday in favor of Microsoft and Hewlett-Packard in a landmark copyright infringement case brought by Apple Computer. The court ruled to throw out most of the case against Microsoft and H-P. The ruling sent shares of all three computer companies higher Wednesday. Microsoft closed at 128 7:8, up $11 7:8. H-P gained $2 1:2 to 82 3:8 and Apple rose $1 3:4 to 60 1:2. (for more, see special Ruling package below.) STATE COURTS JAMMED: The USA's state court system is becoming overwhelmed with cases. The number of cases filed in state courts topped 100 million in 1990, the National Center for State Courts reports next week. Between 1984 and 1990, civil cases increased 30% to 18.4 million and criminal cases rose 33%, to 13 million. The biggest increases have come in civil cases involving contracts or property disputes. UAW MEMBERS BARRED FROM PLANTS: United Auto Workers union members were barred from going back to work Wednesday, after the union agreed to end a fine-month strike against Caterpillar Inc. Workers returning to plants in six Illinois cities found that their security cards did not work. They were given letters saying not to return until notified. Caterpillar said it has not decided how many of the 12,600 workers to rehire. PROVIDENT SEEKS $58M: The Loewen Group Inc. announced Wednesday that insurance holding company Provident American Corp. and its wholly owned subsidiary, Provident Indemnity Life Insurance Co., have initiated legal action against TLGI and its wholly owned subsidiary, Loewen Group International Inc., seeking in excess of $58 million. At issue: A previously terminated insurance marketing agreement. APPEALS COURT REJECTS ARGUMENTS: The California Court of Appeals Tuesday rejected arguments from a group of insurance companies that it should be exempted from the rollback provisions of the Proposition 103 initiative. The unanimous decision affirmed an earlier ruling made by Superior Court Judge Dzintra Janavs. The decision issued Tuesday was in response to a lawsuit brought by a group of insurance companies. 3M PAYS GOVERNMENT $440,000: The Minnesota Mining and Manufacturing Co. paid the U.S. government $440,000 Wednesday to settle claims from a General Services Administration Multiple Award Schedule contract, Inspector General William R. Barton said. The settlement, over claims that 3M had not provided correct pricing information in contract negotiations, includes full recovery of damages plus interest. TRAVEL SCAMS RETURN: Last week, the Federal Trade Commission and the Florida attorney general shut down Passport International and associated companies, headquartered in Daytona Beach. Thousands of would-be travelers nationwide got nothing more than bills, says FTC's Allen Hile. RESTRAINING ORDER REMAINS: In Hilo, Hawaii, a judge Wednesday refused to lift a restraining order on Puna Geothermal Venture's drilling operations at Pohoiki. The Pele Defense Fund is suing Puna, saying its drilling operation is too close to homes. N.J. SUES OVER CLEANUP COSTS: The state of New Jersey has filed lawsuits seeking $54 million in cleanup costs from landfills in Jersey City and in Old Bridge. The sites, containing corrosive and toxic wastes, are among 500 the state has cleaned up over the last 20 years. A recovery program hopes to collect $200 million. SPECIAL PACKAGE ON RULING: MOST OF CASE THROWN OUT: In a ruling released late Tuesday, U.S. District Judge Vaughn Walker threw out most of Apple's copyright infringement case against Microsoft and Hewlett-Packard. Apple sued Microsoft and H-P in 1988, alleging that Microsoft's first version of Windows - and similar PC operating software from H-P - violated Apple's copyrights because it uses on-screen symbols to carry out commands. CASE TO CONTINUE NEXT MONTH: Next month, the court will look at whether Microsoft's current version of Windows violates Apple's copyrights. Apple general counsel Ed Stead says he still hopes to prevail and that the judge relied too heavily on a ruling in another software case last week, which said each element of a piece of software mus be examined rather than the program as a whole to determine illegal copying. LITTLE BRUISING FOR APPLE: Analysts say that the ruling will probably not have too much effect on Apple, the USA's No. 2 PC maker. Hambrecht & Quist's Bruce Lupatkin says, "Nobody ought to have made an investment decision in Apple based on this lawsuit." He points out that Apple's Macintosh still runs thousands of software programs that won't run on Windows. (End of package.) Business Law Editor: Jason P. Smith. (919-855-3491) Making copies of USA TODAY Update (Copyright, 1992) for further distribution violates federal law. This article is copyright 1992 Gannett News Service. Redistribution to other sites is not permitted except by arrangement with American Cybercasting Corporation. For more information, send-email to usa@AmeriCast.COM