US District Judge Dee Benson has denied Microsoft another of its nine Motions for Partial Summary Judgement in the company’s $1bn antitrust trial against Caldera Inc. Microsoft wanted the judge to disregard Caldera’s claims for violations which took place outside the United States. Benson refused to do so, saying that: there was a global market being affected by Microsoft’s actions. Microsoft attorney Tom Burt told Reuters he was disappointed by the decision. Burt said that Caldera’s claims for European damages is: contrary to antitrust law.
In its March 1999 Statement of Facts, Caldera brought a complex case against Microsoft, arguing that for years the Redmond software company engaged in anti-competitive practices aimed at crushing the DR-DOS operating system, which now belongs to Caldera. Microsoft’s nine Motions for Summary Judgement aimed to break Caldera’s case into smaller parts. Caldera has argued – so far successfully – that the case must be considered as a whole, since it demonstrates a pattern of behavior.