To: Mark Fowler who wrote (66901 ) 7/8/1999 12:16:00 AM From: GST Read Replies (2) | Respond to of 164684
Mark -- re MSFT, hmmmmmm ... read this article -- maybe I should find a stock that doesn't smell like dead fish. Wednesday July 7, 11:25 pm Eastern Time Judge denies Microsoft motion in Caldera case SALT LAKE CITY, Utah, July 7 (Reuters) - A federal judge ruled against Microsoft Corp. again Wednesday in the software giant's effort to block an anti-trust lawsuit by tiny rival Caldera Inc. U.S. District Judge Dee Benson, ruling from the bench, denied Microsoft's claim that Utah-based Caldera Inc. did not have standing to bring claims for alleged violations outside the United States. Last week Benson denied four motions by Microsoft seeking to strike down portions of Caldera's broad antitrust case, which seeks damages of more than $1 billion for alleged improper conduct dating to the early 1990s, particularly in the market for the older DOS operating system. ''It looks like we're batting 1,000 on motions for summary judgment,'' said Bryan Sparks, president and chief executive officer of Caldera. Sparks said that if Caldera proves that Microsoft used illegal tactics to achieve and maintain a monopoly, the case could have far-reaching effects. ''We believe that our case is important and our claims are stronger than the (Department of Justice) case, and we have a good opportunity of setting a good standard,'' Sparks said. Microsoft is battling a separate landmark antitrust case over its business practices brought by the federal agency and 20 state governments, with a ruling expected early next year. The Caldera case is scheduled to come to trial in January. In the latest hearing in Salt Lake City Microsoft contended Caldera did not have standing to bring claims for violations outside the United States. But Benson denied the motion, saying ''there was a global market being affected'' by Microsoft's action. Microsoft associate general counsel Tom Burt said he was disappointed and said Caldera's claim for European damages was ''contrary to antitrust law.'' Benson said he wanted more time before ruling on a final summary judgment motion and asked both sides to prepare for additional pre-trial hearings in mid-August.