Judge Denies Injunction Sought by Apple Computer

Dow Jones News Service

August 3, 1982

PENNSAUKEN NJ - FRANKLIN COMPUTER CORP SAID A U.S. DISTRICT COURT JUDGE IN PENNSYLVANIA ISSUED AN OPINION AND ORDER DENYING THE PRELIMINARY INJUNCTION SOUGHT BY APPLE COMPUTER AGAINST FRANKLIN COMPUTER.

FRANKLIN SAID JUDGE CLARENCE NEWCOMER RULED THAT APPLE HAD FAILED TO SHOW A REASONABLE PROBABILITY OF SUCCESS IN ITS SUIT TO ENJOIN FRANKLIN COMPUTER FROM MANUFACTURING AND SELLING ITS FRANKLIN ACE COMPUTER AND DENIED APPLE'S REQUEST FOR AN INJUNCTION.

FRANKLIN COMPUTER SAID APPLE COMPUTER BROUGHT SUIT FOR PATENT AND COPYRIGHT VIOLATIONS FOLLOWING FRANKLIN'S INTRODUCTION OF THE ACE COMPUTER IN MARCH. FRANKLIN SAID THE FRANKLIN ACE IS COMPATIBLE WITH THE APPLE II COMPUTER.

R. BARRY BORDEN CHAIRMAN OF FRANKLIN SAID HE WAS PLEASED A U.S. DISTRICT COURT JUDGE DENIED APPLE'S REQUEST FOR A PRELIMINARY INJUNCTION. HE NOTED THAT FOLLOWING APPLE'S ACTION IN MAY FRANKLIN FILED A $150 MILLION ANTITRUST ACTION AGAINST APPLE ALLEGING UNFAIR AND ILLEGAL PRACTICES INCLUDING HARASSMENT OF DEALERS BANNING OF MAIL-ORDER SALES AND UNLAWFULLY INTERFERING WITH FRANKLIN'S PROMOTIONAL ACTIVITIES.

APPLE ALLEGES THAT FRANKLIN COPIED APPLE COMPUTER PROGRAMS IN THE FORM OF DISKETTES AND OTHER COMPUTER PARTS. IT SEEKS AN INJUNCTION AGAINST THE MANUFACTURE OR SALE OF FRANKLIN'S PRODUCTS AND ASKS FOR ANY PROFIT FROM SUCH SALES.

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