MS/DOJ: case won't resume before May 10

The judge in the Microsoft antitrust trial acknowledged today that the trial will not resume until May 10 at the earliest, while remaining mum about settlement negotiations that began Tuesday.

US District Court Judge Thomas Penfield Jackson said that a case he has been presiding over since this case broke for a six-week recess earlier this month has taken longer than he expected. During a scheduling hearing in the Microsoft case today, Jackson set the timetable for additional depositions, discovery and for both sides to reveal whom they intend to call as rebuttal witnesses when the case resumes.

The judge did not address the settlement negotiations that are now underway between Microsoft, the US Justice Department and representatives of the 19 states that brought antitrust allegations against the software manufacturer. Those talks began Tuesday after Microsoft last week circulated a proposal for settlement. Government lawyers said the proposal fell far short of their demands.

Both sides remained silent on the ongoing negotiations today.

"The parties with respect to this issue are of a single mind," said David Boies, the government's lead attorney, flanked by Connecticut Attorney General Richard Blumenthal, Iowa Attorney General Tom Miller and Microsoft's chief counsel William Neukom. "If there are going to be constructive settlement discussions those discussions can not take place in the public. As a result none of us will have any comment whatsoever about settlement discussions."

Inside the courtroom, Jackson told attorneys that he would allow each side to call three rebuttal witnesses of their choice, not necessarily including the recall of the economists both sides had relied upon during the initial phase of the trial. In clarifying his ruling, Jackson said he would also allow the sides more time to determine which witnesses to call, ordering both sides to make the identities of their witnesses known by April 23.

Jackson also clarified how he intends to conclude the trial. He said he will allow both sides 30 days from the conclusion of the rebuttal case to draft "findings of fact" and separate "points of law." He also said he will allow for closing arguments in court. Subsequently, Jackson will rule on the findings of fact and the findings of law.

Attorneys for Microsoft said they are planning to depose America Online chief executive Steve Case in late April, in addition to unnamed executives from Sun Microsystems and Netscape Communications regarding the joint venture those companies have entered into.

The trial is not set to resume until May 10 but could possibly be further delayed, depending upon when the other case the judge is presiding over goes to the jury.

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.
Show Comments

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Tom Pope

Dynabook Portégé X30L-G

Ultimately this laptop has achieved everything I would hope for in a laptop for work, while fitting that into a form factor and weight that is remarkable.

Tom Sellers

MSI P65

This smart laptop was enjoyable to use and great to work on – creating content was super simple.

Lolita Wang

MSI GT76

It really doesn’t get more “gaming laptop” than this.

Jack Jeffries

MSI GS75

As the Maserati or BMW of laptops, it would fit perfectly in the hands of a professional needing firepower under the hood, sophistication and class on the surface, and gaming prowess (sports mode if you will) in between.

Taylor Carr

MSI PS63

The MSI PS63 is an amazing laptop and I would definitely consider buying one in the future.

Christopher Low

Brother RJ-4230B

This small mobile printer is exactly what I need for invoicing and other jobs such as sending fellow tradesman details or step-by-step instructions that I can easily print off from my phone or the Web.

Featured Content

Product Launch Showcase

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?