Judge denies Microsoft request for dismissal, delays trial

Judge Thomas Penfield Jackson denied Microsoft's request that the antitrust suit against it be dropped and delayed the trial from September 23 to October 15th. The ruling came in the form of a Memorandum and Order, which was issued on Monday. In it, Jackson cited email messages and testimony from Microsoft officials that he says indicates Microsoft has illegally abused its operating system monopoly to damage competitors such as Netscape Communications.

"While Microsoft vigorously disputes plaintiffs' account of the June 21, 1995 meeting with Netscape, plaintiffs' evidence is sufficient to create a genuine dispute," Jackson wrote in his ruling. "Chris Jones, Microsoft's then Group Manager for Internet Explorer, participated in that meeting. In deposition testimony, Mr. Jones indicated that Microsoft 'absolutely' intended to persuade Netscape not to compete and offered as a quid pro quo the prospect of Microsoft's staying out of browser development for non-Windows platforms."

In a small victory for Microsoft, however, the judge did throw out one of the charges against the company, stating that Microsoft could not be found in violation of the Sherman Antitrust Act due to monopoly leveraging

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