Microsoft Asks Court to Reject Government Attempt to Expand and Rewrite Case

REDMOND, Wash., September 2, 1998 — Microsoft filed a motion Wednesday in Federal District Court, urging Judge Thomas Penfield Jackson to reject the government’s eleventh hour-attempt to expand and rewrite its case against Microsoft.

The company says the government is clearly trying to delay the trial, currently set to begin on September 23, by adding a wide range of unrelated issues at the last minute.

In its nine-page motion, Microsoft argues, “It is too late for [the government] to change the rules of the game and add a variety of other matters to the case, which will transform it beyond recognition. [The government’s] efforts to shift the focus of this litigation dramatically on the eve of trial is ‘too much, too late,’ threatening to convert this proceeding into trial by ambush.”

Microsoft has cooperated fully throughout the government’s investigation. The company said it will continue to provide the government with all of the documents and information that are legitimately related to this case, but the company opposes the government’s last-minute attempt to expand and rewrite its case.

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