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Microsoft Asks for Summary Judgment in Justice Department Case

Microsoft will file on Monday for dismissal of the antitrust case.

By Margret Johnston, PCWorld   

In a status hearing before U.S. District Court Judge Thomas Penfield Jackson in Washington, D.C. on Thursday, Microsoft attorney John Warden said that the company will present arguments on issues that disprove the Justice Department's accusations that Microsoft business practices are anticompetitive and exclusionary. The arguments will support Microsoft's contention that the case should dropped on summary judgment, he asserted.

Jackson said that it was Microsoft's prerogative to file a motion for summary judgment but indicated that he believed the case has merit and should be heard.

Jackson also settled a dispute between the two sides over the deposition of Microsoft Chief Executive Officer and Chair Bill Gates. He ordered that the deposition proceed as scheduled on August 12 and would not put a time limit on the length of the procedure. Microsoft had previously said it would make Gates available for eight hours only, while the Justice Department requested that Gates make himself available for up to two days. "We're not going to hassle him and I really think it will be over in two days," said David Boies, an attorney with the Justice Department.