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February 10, 1999


By CBR Staff Writer

Sun Microsystems Inc is in the process of responding to Microsoft’s appeal against a preliminary injunction awarded to Sun by US District Court Judge Ronald Whyte on November 17 1998 (CI No 3,541). Sun charges Microsoft with having deliberately changed parts of its implementation of Sun’s Java technology for anti-competitive reasons. The November injunction came after Judge Whyte found that Sun was likely to win the case. Microsoft complained that the judge had mistakenly interpreted a contract dispute as if it were about copyright. Sun hopes to publish the response on its web site by 6pm today, Thursday January 11. The company said the response weighed in at 70 to 80 pages, and that it was structured as a point by point response to each of the charges Microsoft made in its brief. Don’t panic, Sun executives said, a summary will be provided. Microsoft’s reply to Sun’s response is due in another two weeks. After that, an appellate panel is expected to be chosen by lottery to hear the matter. No date for the hearing has been set.

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