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Novell Appeals in Microsoft Antitrust Litigation on WordPerfect Claims

By Pamela Jones et al.

Novell has filed a Notice of Appeal in its antitrust litigation against Microsoft. That's the case about its WordPerfect claims. Despite Microsoft prevailing on its motion to dismiss, for technical reasons I'll explain a bit in a minute, I want you to read what the judge said Microsoft did to Novell:

Microsoft did not just withdraw a charitable helping hand; rather, Microsoft allegedly first cooperated in an effort to improve its own product, subsequently misled Novell into relying on information provided pursuant to that cooperation, and then withdrew its cooperation after Novell reasonably relied on Microsoft's representations.

Ouch. Bad doggie. Microsoft didn't prevail because it was clean as the driven snow, in other words. It prevailed on a theory of what the contract covered that is so convoluted, I can barely explain it to you, although I will try, and because as a result of that theory, the judge ruled it was too late to go to court over what happened. I wanted to remind you, in case some of you have forgotten, that it's not historically unmitigated good news when Microsoft decides it wants to partner with you.

And I've done the opinion as text for you because the judge explains in some detail not only Microsoft's anticompetitive conduct but also how antitrust law works, so it will fortify you with the knowledge to know it when you see it, in case Microsoft is ever a bad dog again. What? They'd never? They love openness now and are born again and all? Some seem to think so.

Full post as published by Groklaw on June 10, 2010 (boomark / email).