In a crushing blow to Microsoft, Judge Thomas Penfield Jackson denied the company its request to limit evidence that can be submitted in the antitrust case against it. Microsoft complained that new evidence and allegations from the U.S. Department of Justice (DOJ) should not be allowed in the case. This new information, which the DOJ brought forward in the past month, comes months after the government and 20 states announced their lawsuit against Microsoft. Microsoft argued that the DOJ was unfairly trying to broaden the case.
"The dimensions of the lawsuit I think are adequately spelled out in my Memorandum and Order," Jackson said to Microsoft lawyers on Thursday. "That's what I intend to try. But that doesn't mean that I won't hear evidence probative of those claims."
In other words, the new evidence stands. On the other hand, the judge will likely rule on the relevance of any new evidence as it comes in