By Darryl K. Taft and Stuart Glascock,
U.S. District Court Judge Thomas Penfield Jackson stuck a compromise Friday, setting a trial date of Sept. 8 for the consolidated antitrust cases against Microsoft, virtually ensuring the on-time shipment of Windows 98 June 25.
Redmond, Wash.-based Microsoft (company profile) and its government foes squared off in a high-energy federal court battle Friday with both sides chomping at the bit to nail down ground rules for the unprecedented antitrust suit.
Attorneys for the U.S. Department of Justice and 20 states' attorneys general insisted on a fast-track case, while Microsoft's legal team asked for seven months' preparation time and a hearing date around December.
The ruling for a September trial date came over objections of Microsoft attorney John L. Warden of Sullivan and Cromwell. He said, "We will not be ready. It will not be ready. This case requires a lot of discovery from commercial foes of Microsoft."
When Cromwell said he expected stonewalling and obstruction during discovery, Jackson chimed in that there are court remedies, including the appointment of a special master, which brought a chuckle from the packed courtroom.
The judge temporarily granted Microsoft's request to consolidate the state and federal trials at least until he hears otherwise from another court. Neither side argued that point.
Outside the courtroom, Microsoft lead counsel Bill Neukom said he was satisfied with the proceedings and would follow the judge's order. He seemed to portray the process as a win for Microsoft.
Rick Rule, a legal consultant for Microsoft, went directly to the point: "Today's decision is a victory for consumers will know they can get Windows 98 on June 25."
Although the ship date of Win 98 seems certain, Microsoft clearly lost ground on the overall timeline.
"It really is a milestone that the judge has put this case on a very fast track," said Richard Blumenthal, state attorney general of Connecticut.
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