Witness says Microsoft tried to destroy competitors
As the Iowa antitrust trial of Microsoft Corp. enters its eighth week, the plaintiffs continue to attempt to paint a picture for the jury of a company that would stop at nothing to destroy its competitors.
Last week, David Bradford, former general counsel for Novell Inc., testified about Microsoft’s attempts to merge with Novell after it acquired Digital Research Inc., a company that was making DR-DOS, an operating system to compete with Microsoft Windows. Bradford said the purpose of the merger talks was to either destroy DR-DOS or simply derail its development.
“Microsoft asked Novell to hold off on integrating DR-DOS until the merger talks were complete,” said Kent Williams, a co-counsel for the plaintiffs.
“After a few months of negotiations, they abruptly pulled the plug.The merger talks were just a façade to disrupt the integration of DRI.”
Rich Wallis, associate general counsel at Microsoft, said during cross examination, Bradford admitted he didn’t have a lot of personal knowledge of the subject. Wallis also said Bradford had been working with the plaintiffs for a long time, helping them line up witnesses and being paid for his services.
Also last week, Polk County District Judge Scott Rosenberg ruled that Microsoft attorneys cannot ask the four named plaintiffs about their personal connections with co-lead counsel Roxanne Conlin. Wallis said Conlin opened the door for questions about her personal relationships during jury selection and opening statements by portraying them as “regular people who stepped forward to be a part of this case.”
Wallis said the lead plaintiff, Joe Comes, is Conlin’s son’s best friend from high school.
“These people were recruited so this case could be brought,” he said. “They are trying to portray these people as doing a public service.”
A juror also was dismissed from the case last week for personal reasons. Williams said juror dismissals are not unusual in lengthy trials and the case will not be affected.