Sun Statement re: Appellate Court Opinion re: Collateral Estoppel Ruling - January 15, 2004
"The 4th Circuit Court of Appeals today reversed and remanded the collateral estoppel ruling issued by Judge Motz (U.S. District Court for the District of Maryland) that determined which findings entered against Microsoft in the Department of Justice anti-trust suit could be used in private anti-trust cases against Microsoft. The Court of Appeals noted that Microsoft is precluded from re-litigating certain findings. However, it directed that on remand Judge Motz apply a different standard to determine which findings do not need to be re-litigated.
"While Sun is disappointed with the appellate ruling, we are confident that under the standard set by the 4th Circuit we can successfully present our arguments again before Judge Motz.
"Sun's private anti-trust suit against Microsoft is in the discovery phase, and is scheduled for trial in January 2006. Today's ruling does not have an impact on our schedule," said Lee Patch, vice president, legal affairs, Sun Microsystems.
Back to Top
| 