Microsoft to ask for dismissal of case against Novell

The case between Microsoft and Novell over WordPerfect isn't over yet but Microsoft certainly wants to end it ASAP. Infoworld reports that Microsoft intends to file papers that will ask the judge in the lawsuit, J. Frederick Motz, to dismiss the case entirely. The story says that Microsoft wil file papers to support its motion on January 13. Microsoft's position will be that Novell failed to meet the legal standard on some elements in the case.

Earlier this year a 12 member jury heard the case between Microsoft and Novell in Salt Lake City. Novell originally filed the lawsuit seven years ago, claiming that Microsoft deliberately delayed the release of Windows 95 in order "to suppress the sales of WordPerfect and Novell's related office productivity applications." Microsoft claimed that it was unable to support WordPerfect in Windows 95 due to a software issue that could have crashed the operating system.

On Friday, the jury said it was unable to come up with a verdict and the judge ordered a mistrial. As it turned out, 11 members of the jury were ready to rule in Novell's favor but one member disagreed, saying he felt that Novell had not proven its case against Microsoft. Novell is reportedly planning to ask for a new trial.

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