REDMOND, Wash., Dec. 16, 1998 — Microsoft Corp. today appealed the Nov. 17 preliminary injunction ruling in the Sun vs. Microsoft contract lawsuit. Microsoft filed a notice of appeal with the Federal District Court in San Jose, Calif., and has 28 days to file its appeal brief with the U.S. Court of Appeals for the Ninth Circuit in San Francisco.
Microsoft maintains that the licensing contract with Sun Microsystems Inc. allows Microsoft to improve and enhance Java technology for the Microsoft® Windows® platform. Microsoft has delivered exactly that by creating the fastest and most compatible Java implementation in the marketplace. The Court’s preliminary injunction ruling did not require Microsoft to remove any of the improvements it has made to its Java implementation.
“Microsoft is appealing the District Court’s preliminary ruling because Microsoft does not believe any preliminary injunction should have been ordered,”
said Tom Burt, associate general counsel for Microsoft.
“We are confident that Microsoft has developed the best Java implementation within the terms of our contract with Sun and in the best interests of Java developers and consumers.”
Microsoft is complying with the District Court’s ruling while waiting for the appeal to be heard. Microsoft has already made a revised Java virtual machine, which complies with the Court’s order, available to Windows customers at http://www.microsoft.com/windows/ie/mach.htm .
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