Microsoft to File for Summary Judgment in DOJ Case

Microsoft Corp. said today in U.S. Federal Court that it will ask on Monday for an immediate dismissal of the antitrust case filed in May by the U.S. Department of Justice (DOJ) and 20 state attorneys general.

Microsoft Corp. said today in U.S. Federal Court that it will ask on Monday for an immediate dismissal of the antitrust case filed in May by the U.S. Department of Justice (DOJ) and 20 state attorneys general.

In a status hearing before U.S. District Court Judge Thomas Penfield Jackson here today, Microsoft attorney John Warden said that the company will present arguments on issues that disprove the DOJ'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.

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 Chairman Bill Gates. He ordered that the deposition go ahead 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 only eight hours, while the DOJ 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 DOJ.

Microsoft, in Redmond, Washington, can be reached at +1-425-882-8080 or http://www.microsoft.com/. The U.S. Department of Justice, in Washington, D.C., can be reached on the Web at http://www.usdoj.gov/.

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