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Microsoft Pri0

Welcome to Microsoft Pri0: That's Microspeak for top priority, and that's the news and observations you'll find here from Seattle Times technology reporter Matt Day.

August 10, 2012 at 2:37 PM

Novell files appeal in antitrust fight with Microsoft

It just never ends.

Novell has apparently filed a notice of appeal of a decision by a federal judge in Utah last month in favor of Microsoft in a case with issues that date back to the 1990s.

According to Groklaw, a website that follows legal events related to free and open source software issues, Novell filed the notice of appeal today.

The notice stems from a 2004 case Novell filed, accusing Microsoft of violating U.S. antitrust laws in relation to the WordPerfect program.

A jury trial that began in October last year — and at which Bill Gates testified — was meant to resolve a remaining issue of whether Microsoft delayed releasing Windows 95 to keep Novell’s WordPerfect and Quattro Pro programs from gaining in the market.

That trial resulted in a hung jury — and subsequent declaration of a mistrial by the judge — in December.

Microsoft then asked the judge for a Judgment as a Matter of Law. Judge Frederick Motz granted the motion and issued his decision in favor of Microsoft in July.

Novell had said after the judge’s ruling that it intended to pursue an appeal.

[Update 4:35 p.m.: Microsoft issued a statement, saying: “The trial court’s ruling confirmed on multiple grounds what we have always maintained — that Novell’s claim has no merit. We are confident that the Court of Appeals will also agree, finally putting this matter to rest.”

I’ve asked Novell for comment but have not yet heard back.]

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