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Challenge to big Microsoft settlement dismissed

Judge denies request to distribute portion of unclaimed settlement to plaintiffs in class action suit.

Dawn Kawamoto
Dawn Kawamoto Former Staff writer, CNET News
Dawn Kawamoto covered enterprise security and financial news relating to technology for CNET News.
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A California appeals court gave a nod earlier this week to a historic $1.1 billion settlement in a case against Microsoft, dismissing a challenge by a plaintiff in the class action case over the terms of the deal.

The decision Monday by the California Court of Appeal for the First District upheld a lower court ruling made in 2003.

The initial case centered on allegations that Microsoft overcharged consumers for Windows. The lower court awarded plaintiffs more than $1 billion in vouchers to buy software or hardware products from any manufacturer. The settlement called for vouchers valued from $5 to $29 to be distributed among those filing claims.

Under the settlement terms, a third of voucher funds left unclaimed would be returned to Microsoft while the remaining vouchers would go to California schools.

However, one plaintiff in the case, Charles Q. Jakob, objected to that provision and sought to have the unclaimed vouchers redistributed to the plaintiffs in the case.

"I will analyze the court's decision and it's very likely I will pursue this further," Jakob said Thursday.