11:23 PM ET 10/08/98
Government adds ``kitchen sink'' to case - Microsoft
By David Lawsky
WASHINGTON (Reuters) - Lawyers for Microsoft Corp.
argued Thursday that the government was trying to throw the
''kitchen sink'' into its antitrust suit against the computer
software giant and broaden its allegations for a major trial
this month.
In a filing in federal court, Microsoft lawyers said they
were also troubled that the government had said that if it
prevailed, it might request a post-trial hearing. At that
hearing, the government would seek to determine what measures
were needed to prevent the company from breaking antitrust law
in the future.
The government did not specify exactly what remedies it
would ask for, saying that would depend on what came out at
trial. And that was of concern to Microsoft.
``It is impossible to understand the true nature of a
party's claims without understanding the relief that the party
is seeking,'' Microsoft argued.
A Justice department official said, ``The Microsoft motion
is essentially the same motion they've made twice before without
success.''
The company reiterated its view that the government was
trying to broaden its case and so the company needed more time
to prepare.
``Microsoft should not be forced to proceed to trial on a
highly expedited basis when the true nature of plaintiffs' case
is shrouded in mystery,'' the company argued.
The Justice Department official disagreed.
``Microsoft has had ample notice of the government's case,
and it has had the time and the resources to prepare for
trial,'' the official said.
Both sides filed revised witness lists Thursday, and the
government added two new witnesses, one from Apple Computerand
the other from Sun Microsystems.
Those witnesses, the government said, are to help
demonstrate Microsoft's business methods. They would back up
government allegations that Microsoft used a monopoly in the
software operating system for personal computers to compete
unfairly against Netscape Communications.
At the same time, the government dropped two other
witnesses, because each side is limited to 12. Microsoft also
changed two witnesses.
The Justice Department and 20 states filed suit against
Microsoft in May, and both sides began interviewing witnesses
for the trial four months ago.
``Microsoft needs at least those 12 witnesses and more than
the four months it has been permitted thus far ... to respond to
the allegations in plaintiffs' complaints,'' the company said.
''Permitting plaintiffs to throw in the kitchen sink at this
late date ... is highly prejudicial to Microsoft.''
A final pretrial hearing takes place Friday in advance of
the trial, set to begin Oct. 15. Both sides have jointly asked
for a postponement until Oct. 19.
Earlier Thursday, a federal judge in Boston set aside
Microsoft's attempt to subpoena transcripts and tapes from the
authors of a book coming out this month on Microsoft. A company
spokesman said the company had not decided whether to appeal.
Microsoft has also subpoenaed Dan Goodin, a reporter for the
on-line service CNET, seeking confidential Microsoft memos he
quoted in a Sept. 23 article. The article is available at
www.news.com.
^REUTERS@
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