Topic: Novell vs Microsoft antitrust trial results

[Nemesis]

Brief results:  Hung jury (11-1 against MS) and a mistrial called.

Basis of the trial:  Novell alleging that MS used their control of Windows to sabotage Perfect office in favour of MS Office.  Claimed $1.3 billion in damages.

Link to full article

Looking haggard and distraught as they assembled in the courtroom, the seven-woman, five-man jury shook their heads when Motz asked them if there was any chance of reaching a verdict. One woman dabbed her eyes with a handkerchief as she cried. After dismissing the panel, Motz went into the jury room to talk with them.

Later, a clerk emerged to say they were "very emotional."

Novell asked the judge to explore whether the jury might come back after a weekend to think about the case and try again to reach a verdict. But none of them appeared to think that a unanimous decision was possible....

But Novell lawyers said the jury was hung 11 to one in their favor.

More details at Groklaw.

I expect that either MS will pay Novell to go away or there will be another trial with a new judge. 

There were some "oddities" about this trial.  For one an appeals court sent it to Utah from the east coast but the judge refused to give it up and commuted back and forth between his home and Utah for the trial.  He also apparently in a very nasty tone told the Novell lawyers at one point "It's your fault we are here."  (not an exact quote). 

[Nemesis]

Link to source:

The one holdout juror, Corbyn Alvey, in the Novell v. Microsoft antitrust trial over WordPerfect and Quattro Pro has now spoken. And it's extraordinary. In an interview by KSL-TV, he says that he was convinced that Microsoft was guilty of anticompetitive behavior. His doubt was whether Novell was damaged by it, so he voted no on the marketplace issue, but yes on the allegation of anticompetitive behavior.

So guilty on the anti-competitive behaviour just hung on whether or not it was damaging. 

[Nemesis]

Link to full article

I doubt it will surprise you to learn that Judge Frederick Motz has ruled in favor of Microsoft in the Novell v. Microsoft WordPerfect antitrust matter. It was foreshadowed in the hearing on June 7, which the judge forgot to post on PACER so that the public couldn't attend. We were able to obtain the transcript, though, and he was obviously lapping up all Microsoft's arguments with gusto.

He has dismissed Novell's claims by granting Microsoft's motion for judgment as a matter of law. So despite the fact that the first jury was 11 to 1 for Novell, this judge has decided that no reasonable jury can rule for Novell.

[Nemesis]

The appeal has been made.  I expect it will be allowed.