Microsoft wants dismissal
Software giant asks judge to throw out antitrust case in 88-page motionAugust 10, 1998
Web posted at: 9:18 p.m. EDT (0118 GMT)
NEW YORK (CNN) - As expected, Microsoft Corp. Monday asked U.S. District Judge Thomas Penfield Jackson to throw out the antitrust lawsuit filed against it by the Justice Department that will go to trial in September.
Microsoft also responded to a preliminary injunction filed last spring against Windows 98. In that suit, the government sought to have the Internet Explorer Web browser separated from Windows 98. It also gave Microsoft the option of bundling a competitor's browser.
Microsoft wants summary judgment
In an 88-page motion for summary judgment, Microsoft said the government's position is not support by case law or "factual record."
"We believe the central elements of the government's claims have been refuted by the factual record and the recent appeals court decision upholding Microsoft's decision to develop operating systems that work well with the Internet," said William H. Neukom, Microsoft's senior vice president for law and corporate affairs.
"We are asking the court to dismiss the government's lawsuit in its entirety, but at a minimum, we hope the court will expedite resolution of the case by dismissing many of the key claims," he said.
On Thursday, U.S. District Judge Thomas Penfield Jackson ordered Microsoft to make Chairman Bill Gates and 16 other executives available for depositions. The judge also rejected Microsoft's efforts to limit Gates' testimony to eight hours.
Jackson also ruled Microsoft must turn over the source code to Windows 95 and 98 to government experts. The government wants the source code -- detailed programming instructions that make up the operating system -- to determine whether Microsoft's claims that its Internet Explorer web browser and the operating system are truly integrated.
Justice and Microsoft are scheduled to face off in a trial set to begin Sept. 8.
In its filing Monday, Microsoft said a June 23 ruling by a federal appeals court reaffirmed its position that Internet Explorer is an integrated part of Windows.
Microsoft said the integration clearly benefits customers and does not keep browser rival Netscape Communications Corp. from distributing its software to customers.
Microsoft responds to injunction
In its response to the preliminary injunction, Microsoft protested government efforts to require it to unbundle Internet Explorer or offer a version of Windows 98 with Netscape's Navigator.
"We believe that the government's request for injunctive relief should be denied ... because it would not be in the best interest of consumers," Neukom said.
Microsoft shares closed down 1-7/16 to 104-7/16. Netscape shares rocketed up 6-1/8 to 31-3/16 on news that it had named former Oracle executive Barry Ariko as its chief operating officer.
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