Judge delays Microsoft-Caldera trial till year 2000

Caldera will have to wait until the year 2000 for its day in court against Microsoft. A judge has scheduled a date of January 17, 2000 for Caldera's anti-trust suit, saying she she needs time to prepare for the case, including time to consider nine motions for partial summary judgment filed by Microsoft a week ago.

A judge has postponed the start of a trial in an antitrust lawsuit Caldera filed against Microsoft alleging the software giant tied MS-DOS to Windows in an effort to eliminate rival operating system DR DOS as competition.

DR DOS was developed by Novell , which in turn sold the operating system to Caldera in 1996.

US District Judge Dee Benson in Salt Lake City, Utah, scheduled a date of Jan. 17, 2000. She indicated that she needs time to prepare for the case, including time to consider nine motions for partial summary judgment filed by Microsoft a week ago, according to Jim Cullinan, a spokesman for Microsoft.

The judge will hear oral arguments on those motions during a five-day hearing starting in late April, Cullinan said. In the motions Microsoft argues that the Windows 95 operating system is not an illegal "tie" of the MS-DOS operating system and denies designing Windows 3.1 so that it wouldn't be compatible with DR DOS.

"We look forward to making our case starting in January," Cullinan said when asked for comment on the judge's delaying the start of trial by seven months. It had been scheduled to start in June 1999.

A Caldera spokesman did not immediately return a call seeking comment.

Microsoft, in Redmond, Washington, can be reached at +1-425-882-8080 or at http://www.microsoft.com/. Caldera, in Provo, can be reached at +1-801-377-7687 or at http://www.caldera.com/.

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