[koeselitz]

What you've said is true, but it should be noted that not only did Xerox never file a patent suit - nobody filed a software patent suit for at least a decade afterwards. Software patents were at that time unknown. If Xerox had wanted to file a software patent suit, a good lawyer would have disabused them of that notion instantly by pointing out that that wasn't how patents worked then.

So the fact that Xerox didn't file a patent suit doesn't say much, I don't think. That doesn't mean that Xerox wasn't in the wrong or that Apple wasn't in the right; it just means that patent lawsuits really weren't the way people went about these things then.

[philwelch]

Conversely, if Xerox had software patents, they would have likely licensed them to Apple anyway.

It's probably likely that not only did Xerox not imagine that software patents were a thing, they probably didn't even imagine that you could copyright the "look and feel" of software.