Appeals court rules Microsoft can contest facts in antitrust

CRN.com | at | by Mike

Sun Microsystems cannot prevent 356 facts favorable to its suit against Microsoft from being contested, even though they were part of the federal government's successful antitrust case, a federal appeals court ruled Thursday. The ruling makes it moderately more difficult for Sun's antitrust lawsuit, although the appeals court did not dismiss the case or any key findings.

In a 14-page published opinion, a three-judge panel of the 4th U.S. Circuit Court of Appeals reversed a 2002 pretrial motion by U.S. District Judge Frederick W. Motz in Baltimore.