Microsoft cries ambush
In surprise court filings, Microsoft says new evidence warrants a six-month delay, while prosecutors say the company is witholding more evidence.
In its own filing, meanwhile, the government accused the software giant of dragging its feet in turning over potentially damning evidence just three weeks before trial is set to start. The dueling briefs were filed late today in U.S. District Court in Washington.
Responding to a host of new material the Justice Department and 20 states introduced yesterday, Microsoft said the prosecutors are "threatening to convert this proceeding into a trial by ambush." It maintains the government's move unfairly violates Microsoft's ability to prepare for trial, which was put on an fast-track schedule and has been limited to testimony from a dozen witnesses per side.
"It is challenging for Microsoft to respond to plaintiffs' initial allegations with just 12 witnesses," Microsoft attorneys argued in their brief. "The situation will become impossible if Microsoft is forced to respond to a raft of additional issues while operating under that same constraint."
Microsoft's brief goes on to ask U.S. District Judge Thomas Penfield Jackson for an order excluding the new matters. "If the Court is not inclined to hold the plaintiffs to the case they brought, trial should be delayed for at least six months to permit Microsoft to [gather evidence], and no limitation should be placed on the number of witnesses to be called by each side," Microsoft added.
In a brief filed yesterday, government prosecutors introduced new evidence that went beyond allegations relating to Netscape Communications, which were central to prosecutors' earlier court filings.
In briefs filed both yesterday and today, prosecutors maintain that the new evidence--detailing Microsoft's dealings with partners Intel, Apple Computer, and RealNetworks--establishes a pattern of allegedly predatory conduct that is at the heart of the case.
The government is trolling for evidence that Microsoft "engaged in a comprehensive plan and pattern of anticompetitive conduct to monopolize markets." Specifically, it wants to know whether the software giant pressured Intel or Apple into curtailing efforts related to Netscape's Navigator, Sun Microsystems' Java, or multimedia products.
A hearing on both briefs has been set for tomorrow at 2 p.m. ET.
Separately, an article penned by the author of the latest Microsoft tell-all claims that a former employee has admitted under oath that the software giant destroyed evidence sought by Caldera and government officials. The story says the Justice Department is now investigating the alleged obstruction of justice, which is a felony.