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That's an example where they didn't win, but I know of no reason to think that they knew they certainly wouldn't. It was definitely not obvious at the time that copyright could not apply to interfaces as a whole, and Microsoft's prior consent to a licensing arrangement suggests that both parties had at one time considered it a real possibility.

I'm not saying Apple should have won or that that case isn't in some ways relevant--only that it wasn't certain that they would lose.

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