New York v. Microsoft Corp.

Full title: STATE OF NEW YORK, et al., Plaintiffs v. MICROSOFT CORPORATION, Defendant

Court: United States District Court, D. Columbia

Date published: Feb 19, 2002

Civil Action No. 98-1233 (CKK) (D.D.C. Feb. 19, 2002)

Opinion

Civil Action No. 98-1233 (CKK)

February 19, 2002

ORDER

KOLLAR-KOTELLY, Judge

This case comes before the Court upon the filing of "Plaintiff Litigating States' Motion for Appointment of Expert Witnesses Under FED. R. Evid. 706 and To Compel Inspection of Source Code Under FED. R. Civ. P. 37 34." Having considered plaintiffs' motion and Microsoft's opposition, and for the reasons set forth in the teleconference with the parties on February 15, 2002, it is this 19th day of February, 2002, hereby

ORDERED that plaintiffs' motion for appointment of court-appointed expert witnesses under FED. R. EVID. 706 is DENIED; and it is further

ORDERED that plaintiffs' motion to compel inspection of source ode is GRANTED such that Professor Lee A. Hollaar of the University of Utah and other computer science experts retained by plaintiffs who sign the protective order dated May 27, 1998, may inspect the source code for Windows XP Home and Windows Professional operating systems that Professor Hollaar was provided on a confidential basis during the mediation phase of this action for use in the parties' efforts to settle the action; and it is further

ORDERED that Microsoft shall promptly provide Professor Hollaar with a copy of the source code for Windows XP Embedded;

ORDERED that all of the Windows XP source code provided to Professor Hollaar and shown to other computer science experts retained by plaintiff who sign the protective order shall be deemed Highly Confidential Information under the Protective Order; and it is further.

ORDERED that Professor Hollaar and other computer science experts retained by plaintiffs who sign the protective order shall not use the Windows XP source code for any purpose other than in connection with their work as consulting or testifying experts in this action; and it is further

ORDERED that Professor Hollaar and other computer science experts retained by plaintiffs who sign the protective order shall keep the Windows XP source code in a secure location and shall take other appropriate steps to prevent the misappropriation of Microsoft's intellectual property.

SO ORDERED.