Microsoft founder and Chairman Bill Gates (News
- Alert) is likely to testify next week in the current legal battle between Novell and Microsoft now taking place in a Salt Lake City courthouse. The Associated Press reported that the current judicial tussle centers on “fair business practices,” as well as antitrust issues.
Originally, Novell (News
- Alert) sued Microsoft in 2004. It accused Microsoft of violating U.S. antitrust laws “when it launched Windows 95,” The AP said.
In 2004, Novell claimed its WordPerfect product “was the victim of unfair competition by Microsoft (News
- Alert), primarily via its deals with computer OEMs,” reported TMCnet.
Meanwhile, this week a federal jury heard opening statements in the current case. Jeff Johnson, attorney for Utah-based Novell, claimed that Microsoft used “deception” and the “classic bait and switch” by leading “Novell to believe it was developing an operating system suited to WordPerfect,” The AP reported.
In addition, Johnson alleged that Gates “removed a key component from and delayed the release of Windows 95 to keep Novell from gaining a foothold in the emerging home computer software market. Microsoft severely crippled Novell's ability to produce a competitive product in a timely fashion.”
But Microsoft’s attorney defended the company during the trial – and claimed it had nothing to do with Novell not launching a product.
“Microsoft developed in a way that was best for Microsoft. That's what it's supposed to do,” Attorney David Tulchin said. “That's what we call competition in our country.”
“The blame really lies at the feet of Novell and the feet of WordPerfect Corporation,” Tulchin said, according to The AP.
The Utah trial may last some eight weeks, predicts The Desert News.
“We have great confidence in the jury system and believe that when the jury considers all of the evidence in this case it will determine that Novell's claims have no merit, and will find for Microsoft,” Attorney James Jardine said on behalf of his client, Microsoft, reported PC Magazine.
Novell bought WordPerfect in 1994 for $1.5 billion. Novell sold WordPerfect and Quattro Pro to Corel in 1996. Novell is seeking $500 million to $1.2 billion in compensation in the Utah case, according to media reports. Novell was able to reach a $536 million settlement with Microsoft on other antitrust claims involving the NetWare OS.
Before now, the lawsuit has been argued in Maryland courts. The U.S. District Court in Maryland has dismissed the last two antitrust claims Novell filed against Microsoft in 2004, TMCnet said. In 2008, the Supreme Court denied a request from Microsoft's to dismiss the case, according to media reports.
Ed Silverstein is a TMCnet contributor. To read more of his articles, please visit his columnist page.
Edited by Jennifer Russell