Microsoft Judge Denies Motion for Summary Judgment and Delays Trial
(September 15, 1998) U.S. District Court Judge Thomas Jackson yesterday denied almost all of Microsoft's Motion for Summary Judgment, and put off the start of the trial until October 15.
Summary Judgment Pleadings |
| Microsoft's
MSJ Brief, 8/10/98. DOJ's Opposition Brief, 8/31/98. Microsoft's Reply Brief, 9/8/98. |
Judge Jackson denied Microsoft's Motion for Summary Judgment on all claims, except one contained in the Complaint filed by the state Plaintiffs. He dismissed the monopoly leverging claim. He wrote in a 54 page opinion that "because the theory of 'monopoly leveraging' is inconsistent with both the Sherman Act's plain text and with Supreme Court pronouncements."
| See, Case Summary: DOJ v. Microsoft, Case Nos. 98-1232, 1233. |
All other claims alleged in the Department of Justice's and states' complaints, including the tying claim, will be decided at trial.
Judge Jackson postponed the deadline for pretrial statements to October 6, and the pretrial conference to October 9.
Related Stories |
| Court Hears Argument on Motion for Summary Judgment,
9/14/98. Microsoft Files Reply Brief, 9/9/98. MS and DOJ Argue Over DOJ's Expansion of Issues, 9/3/98. DOJ Files Opposition to Motion for Summary Judgment, 9/2/98. Microsoft Files Motion for Summary Judgment, 8/11/98. Appeals Court Overturns Microsoft Injunction, 6/24/98. Government Files Antitrust Action Against Microsoft, 5/19/98. |