Intellectual Property Law

Supreme Court rejects Microsoft appeal: Novell v. Microsoft can go forward - Update

By Pamela Jones et al.

The Supreme Court on Monday handed Microsoft Corp. a defeat by refusing to rule on the software giant's request to halt an antitrust suit against it.

The suit was brought in 2004 by Waltham, Mass.-based Novell Inc., which said in court papers that Microsoft "deliberately targeted and destroyed" its WordPerfect and QuattroPro programs in order to protect its Windows operating system monopoly....

The Supreme Court's decision allows Novell's lawsuit to continue. The case is Microsoft Corp. v. Novell Inc., 07-924. Chief Justice John Roberts, who owns Microsoft stock, recused himself from the decision.

So, more antitrust woes for Microsoft. You can find the prior filings on Groklaw's permanent Novell v. MS Timeline page. Here's the Order [PDF] by the U.S. Court of Appeals for the Fourth Circuit that the Supreme Court just left standing. The Supreme Court opinion is not posted, because it's a refusal to hear the case, not an opinion, but here's where Supreme Court opinions are posted, just so you know, and here's where the refusals to hear a case, called summary dispositions, are posted, and you'll find Microsoft listed on page 15 of this document[PDF]. If you forget, note that we have info on how to find courts on both our Courts page and our Legal Research page.

This is a case in part about standards and interoperability. Here's Novell's Complaint [PDF], and we have it as text, along with some analysis, here. With OOXML on the table, it's very timely to read how Novell alleges Microsoft deliberately undermined interoperability, degraded standards, and withheld from competitors necessary technical documentation.

Full post as published by Groklaw on March 17, 2008 (boomark / email).