It doesn't matter if something is popular, but this case heavily revolves around Trade Dress and consumer confusion. If Xerox's OS never became a commercial pro

It doesn't matter if something is popular, but this case heavily revolves around Trade Dress and consumer confusion. If Xerox's OS never became a commercial product those issues are moot. Outside of this article I'm not sure if this isn't more of a trademark and IP suit then pure patent. http://en.wikipedia.org/wiki/Trade_dress http://en.wikipedia.org/wiki/Trade_dress