No ruling on injunction request in Sun's Java suit
(Combines takes, adds details, lawyers comments)
SAN JOSE, Calif., Feb. 27 (Reuters) - A federal judge on Friday failed to rule on Sun
Microsystems Inc.'s [Nasdaq:SUNW - news] request for a preliminary injunction in its lawsuit
against rival Microsoft Corp. [Nasdaq:MSFT - news] over the computer programming language
known as Java.
Sun filed a suit against Microsoft last October for breach of contract in its agreement to license
Java technology from Sun. The suit charges Microsoft with trademark infringement, false
advertising, breach of contract and unfair competition.
The hearing Friday was the first public hearing in the closely-watched case between the two foes.
As part of that suit, Sun is seeking a preliminary injunction to stop Microsoft from using the ''Java
compatible'' logo in certain products, such as the latest version of its Internet browser software,
Internet Explorer 4.0.
U.S. District Judge Ronald Whyte, of the Northern District of California, said he would consider
Sun's request but gave no indication when a ruling would be made.
''The decision by the court to take this matter under submission is not an unexpected
development,'' Sun said in a statement. ''Clearly the judge wants to give this matter continued
careful study.''
Lawyers for Mountain View, Calif.-based Sun and for the software behemoth Microsoft each had
about 20 minutes to present their arguments to the judge, who asked many questions because of
the case's complexity.
Sun alleges that Microsoft's Internet Explorer 4.0 and its Software Development Kit for Java
failed Sun's Java compatibility tests, which determine if a product conforms to the specifications of
Java.
Java is a programming language designed so that applicatons created in Java are ''write once, run
anywhere'' -- meaning that a program only needs to be written once and it will run on all kinds of
different computer systems and operating systems.
Sun claims that because of the incompatibility of Microsoft's products, any applications written in
Microsoft's development tools may not run on browsers such as Netscape Communications
Corp.'s and applications written with Sun's Java Development kit may not run on Microsoft's
Internet Explorer, thus undermining the purpose of Java.
Sun's lawyers said that Microsoft's products failed its compatibility tests, which it ran on a product
called the JCK 1.1 test suite. Microsoft said that its products must only pass compatibility tests
that are part of its licensing agreement.
Lloyd ''Rusty'' Day, an attorney who represents Sun, said that Microsoft was destroying Sun's
Java trademark with incompatible products.
''That would destroy the mark, if a licensee can do whatever it wants,'' Day argued, saying that
because of the irreparable harm, Sun is entitled to an injunction, to prevent Microsoft from using
the Java logo from its software boxes.
''The bottom line is we passed the tests that the contract requires us to pass,'' Tom Burt, associate
general counsel for Microsoft, said. He added that the terms of its agreement with Sun state that its
products pass a ''relevant test suite.''
The lawyers met with the judge after the hearing for a case management discussion to set a trial
date for the lawsuit. Sun requested a trial date sometime in April, 1999, but the judge has not yet
issued a date.
Instead, Whyte set Sept. 4 as a date for another case management conference and to hear any
motions for a summary judgment in the case. |
