Hey, great article! It sums up Schmalenese's testimony and impact perfectly. Even from reading the press articles, you can tell that Boies' cross-x has, from day one, been devastating. This guy Schmalenese is death for Microsoft, certainly far worse than I ever imagined, and why they ever picked him is beyond me.
Of course, one never can guess outcomes with certainty in litigation, but if there ever was any chance that the judge might be even a little favorable to Microsoft on those all-important factual economic issues (market definition, monopoly power, foreclosure, etc.), I think this guy Schmalenese just blew it.
It's on to the Court of Appeals, baby, and, at the rate things are going, the sooner the better |