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February 14, 1999

NOTES FROM THE MICROSOFT TRIAL

By CBR Staff Writer

– Supportive spouses were much in evidence last week at the antitrust trial in Washington, with both Cameron Myhrvold and Brad Chase’s wives in evidence, as was David Boies’ on Thursday. During a lull in the questioning while the DoJ team tired to find a particular segment of video they wanted to show, Boies thought he’d try the old trick of asking Chase if he had spoken to anybody about his testimony at the preceding break. Chase said he had only spoken to his wife and she told me that I was doing very well, said Chase. That’s what my wife always tells me too, Boies shot back. I’m not going to touch that one, said Chase to general amusement.

– When Microsoft attorney John Warden asked to submit letters from software companies supportive of Microsoft witness Brad Chase’s testimony, government attorney David Boies objected, saying they were hearsay based not on Microsoft’s business, but on issues arising from the case. John Warden said it was as least a reliable as the multiple hearsay submitted in Mr Barksdale’s testimony. Boies said both sides have received a lot of letters during this litigation, to which Judge Jackson fired back, so have I! He overruled the objection and the letters were submitted.

– Judge Jackson’s penchant for elongated recesses and lunch breaks continues unabated. On Thursday in the middle of David Boies’ questioning of Brad Chase, Boies paused for a moment around noon, which prompted Jackson to ask if this would be a good time for an early lunch recess – it would have been a two- hour break as court always reconvenes at 2pm. But Boies asked him if he could carry on for a little while longer and managed 20 more minutes before hunger got the better of Judge Jackson.

– The secret of Microsoft’s success? Brad Chase reckons it is because Microsoft has a culture of self-critiquing…a company that tends to take extreme positions to push ourselves. Well, that’s one way of putting it.

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