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United States v. Microsoft: Public Filings of the Parties
[Reference Material]   [Antitrust Case (1998-2001)]   [Contempt Case (1997-98)]   [Consent Decree (1994-95)]

Antitrust Case (1998-2001)
D.C. Circuit Opinion, 6/28/01
DC Circuit Order for en banc hearing, 7/13/00
Order of Certification to Supreme Court; Stay of Final Judgment, 7/20/00
District Court
Memorandum and Order and Final Judgment, 6/7/00
Conclusions of Law, 4/3/00
Findings of Fact, 11/5/99

United States Filings
indexed at the Antitrust Division website
Court of Appeals

  • Brief for Appellees United States and the State Plaintiffs - Final Version,  02/09/01
  • Joint Proposal for the Format of Oral Argument, 02/02/01
  • Brief for Appellees United States and the State Plaintiffs, 01/12/01
  • Appellees' Motion to File Joint Brief, 11/22/00
  • Appellees' Joint Response to Motions Regarding Amicus Participation , 10/30/00
  • Plaintiffs' Joint Response to the Court's Request for the Parties' Views Regarding the Proposed Review Session , 10/25/00
  • Response of United States of America and the Plaintiff States to Microsoft's Motion for an Order Governing Further Proceedings, 10/3/00
    		• Microsoft Filings
    indexed at the Microsoft Corporation website
    Court of Appeals
  • Microsoft's Reply Brief to the United States Court of Appeals, 1/29/01
  • Microsoft Corporation's Appellate Brief, 11/27/00
  • Microsoft Corporation's Appellate Brief - Reviewer's Guide, 11/27/00
  • Microsoft's Response to Amicus Filings, 10/30/00
  • Microsoft's Response to Court of Appeals Technology Education Session, 10/25/00
  • Microsoft's Reply In Support Of Its Motion For An Order Governing Further Proceedings, 10/05/00
  • Microsoft's Scheduling Brief, 10/02/00

    • Amicus Briefs on Appeal

    Amici in Support of Microsoft:
    Amicus brief of Association for Competitive Technology and the Computing Technology Industry Association, (summary), 11/27/00
    Amicus brief of the Association for Objective Law, 11/26/00
    Amicus brief of the Center for Moral Defense of Capitalism, 11/29/00
    Amici in Support of the Government:
    Amicus brief of America Online, the Computer & Communications Industry Association, the Software and Information Industry Association, and the Project to Promote Competition & Innovation in the Digital Age, 1/12/01
    Independent Amici:
    Amicus brief of Carl Lundgren, 1/10/01
    Amicus brief of Lee A. Hollaar, 11/27/00

    Supreme Court: United States
  • Brief for the United States on Petition for a Writ of Certiorari, 8/22/00
  • Brief for the United States in Response to the Jurisdictional Statement, 8/15/00
  • Scheduling Letter to Clerk of the Supreme Court, 6/22/00

  • Brief of SIIA and CCIA as Amici Curiae Supporting Supreme Court Jurisdiction, 8/15/00

    Court of Appeals:

  • Plaintiffs' Joint Reply on Their Motions for Summary Dismissal of Microsoft's Motion for Leave to File a Motion for Stay Pending Appeal on the Ground That it is Premature, or to Defer Consideration Pending a Determination as to Jurisdiction, 6/16/00
  • Motion of United States of America for Summary Dismissal of Microsoft's Motion for Leave to File a Motion for Stay Pending Appeal on the Ground that it is Premature, or to Defer Consideration Pending a Determination as to Jurisdiction, 6/14/00
  • Brief for Appellee United States of America Filed in the United States Court of Appeals for The District of Columbia Circuit 9/22/98
    		• Supreme Court: Microsoft
  • Microsoft's Opposition to the States' Petition for Writ of Certiorari, 8/23/00
  • Microsoft's Reply Brief to the Supreme Court of the United States, 8/22/00
  • Jurisdictional Statement, 7/26/00

    Court of Appeals:

  • Microsoft's Response to the Motion of the United States of America for Summary Dismissal of Microsoft's Motion for Leave to File a Motion for Stay Pending Appeal, 6/15/00
  • Microsoft Request to Respond to Government Motion Regarding Direct Appeal to Supreme Court, 6/14/00
  • Notice Of Appeal, 6/13/00
  • Motion For a Stay Of The Judgment Pending Appeal, 06/13/00
  • Motion For Leave To Submit An Overlength Motion For Stay Pending Appeal, 6/13/00
  • Brief for Defendant-Appellant 9/1/98
  • Motion for a Stay Pending Appeal of the August 11, 1998 Order 8/17/98
  • Motion of Appellant Microsoft Corporation for a Stay Pending Appeal of the August 11, 1998 Order Permitting Members of the Public to Attend All Pretrial Depositions 8/11/98
    • District Court: United States
  • Plaintiffs' Motion for Certification of Direct Appeal to the Supreme Court Under 15 U.S.C. § 29, June 13, 2000
  • Plaintiffs' Response to Microsoft's Motion for Stay, 7/12/00
  • Plaintiffs' Summary Response to Microsoft's Comments on Revised Proposed Final Judgment, 6/5/00
  • Redline Version of Proposed Final Judgment 6/5/00
  • Plaintiffs' Revised Proposed Final Judgment 5/26/00
  • Plaintiffs' Memorandum in Support of Revised Proposed Final Judgment 5/26/00
  • Reply Memorandum in Support of Proposed Final Judgment 5/17/00
  • Plaintiffs' Proposed Final Judgment (PDF) 4/28/00
  • Memorandum in Support of Proposed Final Judgment, 4/28/00
    Supporting Declarations:
  • Declaration of Edward W. Felten 4/28/00
  • Declaration of Carl Shapiro 4/28/00
  • Declaration of Rebecca M. Henderson 4/28/00
  • Declaration of Robert F. Greenhill and Jeffrey P. Williams 4/28/00
  • Declaration of Paul M. Romer 4/27/00
    		• District Court: Microsoft
  • Microsoft Request to Respond to Government Motion Regarding Direct Appeal to Supreme Court, June 14, 2000
  • Microsoft's Reply Memorandum in Support of its Motion for a Stay Pending Appeal, 7/13/00
  • Microsoft's Motion for Stay of Judgment 6/8/00
  • Microsoft's Reply to Plaintiffs’ Response to Microsoft’s Comments on Their Revised Proposed Final Judgment 6/6/00
  • Microsoft's Comments on Plaintiffs' Revised Proposed Final Judgment 5/31/00
  • Microsoft's Supplemental Offer of Proof 5/31/00
  • Microsoft's Offer of Proof In Opposition to Entry of the Government’s Proposed Final Judgment 5/24/00
  • Microsoft's Reply in Further Support of its Motion for Summary Rejection of the Government's Breakup Proposal 5/22/00
  • Microsoft's Proposed Final Judgment 5/10/00
  • Microsoft's Memorandum In Support Of Its Proposed Final Judgment 5/10/00
  • Microsoft's Motion For The Summary Rejection Of The Government's Breakup Proposal 5/10/00
  • Microsoft's Memorandum In Support Of Its Motion For Summary Rejection Of The Government's Breakup Proposal 5/10/00
  • Microsoft's Position As To Future Proceedings On The Issue Of Remedy 5/10/00
    • Amicus Briefs on Remedy
  • Computer and Communications Industry Association and Software and Information Industry Association 5/19/00
  • Brief of Economists Robert Litan, Roger Noll, William Nordhaus, and F.M. Scherer 4/27/00

    Amicus Briefs on Conclusions of Law

  • Amicus Brief on Technological Tying (PDF) or (HTML), Lawrence Lessig, 02/01/00
  • Amicus Brief for Microsoft, (HTML), Wilmer, Cutler & Pickering, for the Association for Competitive Technology, 02/01/00
  • Amicus Brief for Department of Justice, Software and Information Industry Association, 02/01/00
  • Amicus Brief for Plaintiff States, Robert Bork, 02/01/00
    • District Court
  • Plaintiffs' Response to Microsoft Proposed Conclusions of Law, 01/25/00
  • Plaintiffs' Joint Proposed Conclusions of Law 12/6/99
  • Plaintiffs' Joint Proposed Findings of Fact - Revised 9/10/99
  • Plaintiffs' Response to Microsoft's Proposed Findings 9/10/99
  • Plaintiffs' Joint Proposed Findings of Fact 8/10/99
  • Plaintiffs' Motion to Compel Production of Documents or, In the Alternative, for an In Camera Inspection of Documents 6/16/99
  • United States' and Plaintiff States' Joint Rebuttal Witness List 5/3/99
  • Plaintiffs' Response to and Motion to Strike "Representation of Microsoft Corporation" and Request for Leave of Court to Conduct Limited Additional Discovery Relating Thereto 12/21/98
  • Plaintiffs' Opposition to Microsoft Corporation's Motion to Strike the Direct Testimony of Dr. Avadis Tevanian Relating to Technical Incompatibilities 11/23/98
  • Plaintiffs' Response to Microsoft's Motion in Limine to Exlude Portions of the Direct Testimony of Dr. Avadis Tevanian, Jr. 11/2/98
  • Plaintiffs' Response to Defendant Microsoft's Motion for Discovery Sanctions 10/26/98
  • Plaintiffs' Opposition to Microsoft's Motion to Strike the Government's Deposition Designations 10/23/98
  • Plaintiffs' Motion for Leave to File Corrected Witness Statements 10/21/98
  • Plaintiffs' Opposition to Microsoft's Motion in Limine to Exclude Hearsay Statements in the Direct Examination of Jim Barksdale 10/20/98
  • Plaintiff's Opposition to Microsoft Motion for Protective Order with Respect to Sixth Joint Request for Production of Documents 10/20/98
  • United States' and Plaintiff States' Reply in Support of Emergency Motion to Compel 10/19/98
  • United States' and Plaintiff States' Further Emergency Motion to Compel Microsoft Corporation and Memorandum in Support 10/16/98
  • Direct Testimony of Jim Barksdale 10/13/98
  • United States' and Plaintiff States' Motion to Place Written Direct Testimony of Witnesses Temporarily Under Seal Until the Day Prior to the Witness' Court Appearance, and Memorandum in Support; and Proposed Order 10/13/98
  • Appendix B to Plaintiffs' Pretrial Statement Plaintiffs' List of Trial Exhibits 10/13/98
  • Appendix C to Plaintiffs' Pretrial Statement List of Deposition Designations and Microsoft Admissions 10/13/98
  • United States' and Plantiff States' Reply to Microsoft Corporation's Opposition to Plaintiffs' Renewed Motion to Compel Production of Databases 10/8/98
  • U.S. v. Microsoft Corporation -- Appendix A to United States' and Plaintiff States' Schedule of Witnesses 10/8/98
  • United States' and Plaintiff States' Joint Pretrial Statement 10/6/98
  • United States' and Plaintiff States' Memorandum in Support of Renewed Motion to Compel Microsoft Corporation to Produce Databases 10/2/98
  • United States' and Plaintiff States' Memorandum in Opposition to Microsoft Corporation's Motion to Limit Trial 9/3/98
  • United States' and Plaintiff States' Memorandum in Support of Motion to Compel Microsoft Corporation 9/2/98
  • Plaintiff United States' Motion to Compel Microsoft Corporation to Comply with Discovery 9/2/98
  • Plaintiffs' Joint Response to Microsoft's Motion for Summary Judgment and Reply in Support of Motions for Preliminary Injunction 8/31/98
  • Opposition of the United States of America to Appellant Microsoft Corporation's Motion for a Stay Pending Appeal of the August 11, 1998 Order 8/14/98
  • United States' Opposition to Microsoft Corporation's Motion for a Stay
  • 8/12/98
  • United States' and Plaintiff States' Opposition to Microsoft's Motion to Modify Stipulation and Protective Order 8/5/98
  • United States' and Plaintiff States' Memorandum in Support of Motion to Compel Microsoft Corporation 7/31/98
  • United States' Motion to Compel Microsoft Corporation to Comply with Discovery 7/31/98
  • Complaint 5/18/98
  • Memorandum of the United States in Support of Motion for Preliminary Injunction 5/18/98
  • Declaration of Frank M. Fisher 5/18/98
  • Declaration of David S. Sibley 5/18/98
    		• District Court
  • Microsoft Surreply to Plaintiffs' Joint Proposed Conclusions of Law, 02/01/00
  • Surreply in Response to States, 02/01/00
  • Microsoft Corporation's Proposed Conclusions of Law 1/18/00
  • Response Brief to States' Proposed Conclusions of Law 1/18/00
  • Microsoft's Objection to Participation by Professor Lawrence Lessig In This Case as a Purported Amicus Curiae 12/20/99
  • Microsoft Corporation's Revised Proposed Findings of Fact 9/10/99
  • Microsoft Corporation's Initial Proposed Findings of Fact 8/10/99
  • Microsoft Corporation's Designation of Rebuttal Witnesses and Description of Rebuttal Witness Testimony 5/3/99
  • Microsoft Corporation's Emergency Motion to Compel AOL, Netscape and Sun to Product All E-Mail Messsages Responsive to Microsoft's Subpoenas, 3/29/99
  • Microsoft Corporation's Opposition to Motion by Gravity, Inc. to Intervene for Purpose of Modifying Protective Order, 3/23/99
  • Court Order requiring DOJ to produce documents pertaining to the pending AOL/Netscape/Sun agreement, 1/22/99
  • Microsoft Corporation's Motion for Judgment as a Matter of Law, 1/13/99
  • Defendant Microsoft Corporation’s Motion in Limine to Exclude Inadmissible Statements in the Direct Testimony of William Harris 12/30/98
  • Representation of Microsoft Corporation re: Dr. Edward Felten's Testimony That Microsoft Interfered With His "Prototype Removal Program" 12/16/98
  • Microsoft's Motion for Leave of the Court to Initiate Discovery Concerning AOL’S Acquisition 12/7/98
  • Microsoft Corporation's Motion to Strike the Direct Testimony of Avadis Tevanian, Jr. Relating to Alleged Technical Incompatibilites 11/10/98
  • Defendant Microsoft Corporation's Reply in Support of its Motion for Sanctions 10/28/98
  • Defendant Microsoft Corporation's Reply in Support of its Motion for A Limited Modification of the Protective Order 10/28/98
  • Reply in Support of its Motion in Limine to Strike the Government's Improper Deposition 10/26/98
  • Defendant Microsoft Corporation's Motion for Sanctions for the Government's Failure to Produce a Requested Document Before Trial, 10/26/98
  • Defendant Microsoft Corporation's Memorandum in Opposition to Plaintiffs' Emergency Motion to Compel 10/16/98
  • Defendant Microsoft Corporation's Motion for Leave of the Court to Initiate Discovery Concerning New Witnesses 10/9/98
  • Defendant Microsoft Corporation's Motion for Leave of the Court to Alter its Witness List 10/9/98
  • Defendant Microsoft Corporation's Motion for a Continuance Needed to Address Testimony of Plaintiffs' New Trial Witnesses 10/9/98
  • Defendant Microsoft Corporation's Objections to Plaintiffs' New Requests for Relief and Attempt to Expand this Case Beyond the Allegations in the Complaints 10/8/98
  • Schedule of Witnesses to be Called by Defendant Microsoft Corporation 10/8/98
  • Pretrial Statement 10/6/98
  • Arguments for Excluding Extraneous Last-Minute Issues from Trial 9/16/98
  • Supplemental Memo on Integration of Internet Explorer Technologies Into Windows 98 9/14/98
  • Support of its Motion for Summary Judgement 9/8/98
  • Motion to Limit Issues for Trial 9/2/98
  • Motion for Stay Pending Appeal of the Courts Order Allowing Media to Attend Pretrial Deposition 8/11/98
  • Material Facts as to Which Microsoft Corporation Contends There is no Genuine Issue 8/10/98
  • Motion for Summary Judgement 8/10/98
  • Microsoft Response to DOJ Motion 8/4/98
  • Defendant Microsoft Corporation's Answer to the Complaint Filed by the U.S. Department of Justice 7/28/98
  • Defendant Microsoft Corporation's Answer to Plantiff States’ First Amended Complaint and Counterclaim 7/28/98
  • Defendant Microsoft Corporation's Answer to the Complaint Filed by the U.S. Department of Justice 7/28/98
  • Microsoft's Memorandum in Support of its Motion to Compel Novell, Inc. to Comply with the Subponea Dated June 10, 1998 7/23/98
  • Federal - Motion to Consolidate 5/21/98
  • Federal - Motion for Fair and Reasonable Schedule 5/21/98
  • State - Motion to Consolidate 5/21/98
  • State - Motion for Fair and Reasonable Schedule 5/21/98
    • Contempt Case (1997-98)
    Court of Appeals Ruling, 6/23/98
    District Court Memorandum and Order, 12/11/97
    United States Filings
  • Response of the United States to Appellant Microsoft Corporation's Motion for a Stay of the Preliminary Injunction Insofar as it Relates to Windows 98 5/7/98
  • Supplemental Brief of the United States in Opposition to Microsoft's Petition for a Writ of Mandamus 4/7/98
  • Brief of Appellee United States of America 3/2/98
  • Response of the United States to Microsoft Corporation's Petition for a Writ of Mandamus and Motion for Stay of Proceedings 1/27/98
  • Stipulation 1/22/98
  • Memorandum of the United States in Opposition to Microsoft's Motion for a Definite Description of the Alleged "Other" Product 1/20/98
  • Findings of Fact 1/19/98
  • United States' Memorandum in Opposition to Microsoft's Motion to Revoke Reference to Special Master and to Stay Further Proceedings Before Special Master 1/5/98
  • Reply Memorandum of the United States in Support of its Motion for Judgment of Civil Contempt and to Enforce Preliminary Injunction 12/29/97
  • Response of the United States to Appellant Microsoft's Motion for Expedited Consideration and for an Expedited Briefing Schedule 12/22/97
  • Declaration of Michael T. McCarthy in Support of Motion by the United States for Judgment of Civil Contempt and to Enforce Preliminary Injunction 12/17/97
  • Motion by the United States for Judgment of Civil Contempt and to Enforce Preliminary Injunction 12/17/97
  • United States' Response to Microsoft's Sur-reply 12/4/97
  • Reply Brief of Petitioner United States 11/20/97
  • Motion to Unseal Documents 11/20/97
  • Declaration of Mark C. Gaspar in Support of Reply Brief of Petitioner United States of America 11/20/97
  • Declaration of John Gailey 11/20/97
  • Reply Brief Attachment 1, part 1 , 2 11/20/97
  • Reply Brief Attachment 2 11/20/97
  • Reply Brief Attachment 3 11/20/97
  • Reply Brief Attachment 4 11/20/97
  • Reply Brief Attachment 5 11/20/97
  • Reply Brief Attachment 6 11/20/97
  • Reply Brief Attachment 7 11/20/97
  • Reply Brief Attachment 8 11/20/97
  • Reply Brief Attachment 9, part 1, 2, 3 11/20/97
  • Reply Brief Attachment 10, part 1 , 2 11/20/97
  • Reply Brief Attachment 11, part 1, 2 , 3 , 4 , 5 , 6 11/20/97
  • Memorandum of the United States in Support of Petition for an Order to Show Cause why Respondent Microsoft Corporation Should Not be Found in Civil Contempt 10/20/97
  • Petition by the United States to Show Cause Why Respondent Microsoft Corporation Should Not be Found in Civil Contempt 10/20/97
    		• Microsoft Filings
  • Support of Microsoft's motion for a stay of the preliminary injuction insofar as it relates to Windows 98. 5/5/98
  • Microsoft's Motion for a Stay of the Prelimary Injuntion Insofar as it Relates to Windows 98 5/5/98
  • Microsoft's Supplemental Brief For Petitioner 4/7/98
  • Microsoft's Reply Brief for Respondent-Appellant 3/9/98
  • Microsoft's Reply Brief in Special Master Appeal 1/30/98
  • Brief for Respondent-Appellant 1/29/98
  • Microsoft's Petition for A Writ of Mandamus and Motion for Stay of Proceedings 1/16/98
  • Microsoft's Reply in support of expedited consideration of Microsoft's appeal 12/23/97
  • Microsoft's Motion for an Expedited Appeal 12/16/97
  • Stipulation and Order Submitted by Microsoft 1/22/98
  • Proposed Findings of Fact Submitted by Microsoft 1/19/98
  • Reply Memorandum in Support of Microsoft's Motion asking the U.S. District Court to reconsider its appointment of a special master 1/12/98
  • Microsoft's Motion asking the Court to require the DOJ to Define "Other Product" 1/9/98
  • Microsoft's Response to DOJ's motion to hold Microsoft in contempt 12/23/97
  • Microsoft's Motion asking the U.S. District Court to reconsider its appointment of a special master 12/23/97
  • Supplemental Declarations Filed 12/3/97
  • Microsoft's Memorandum in Opposition to the DOJ's Motion to Unseal Documents 12/3/97
  • Microsoft's Memorandum in Opposition to CCIA's Motion to Participate in this Case as an Amicus Curiae 12/3/97
  • Microsoft's Memorandum in Response to the DOJ Petition Seeking to Hold Microsoft in Contempt of the Consent Decree 11/10/97
  • Declarations in Support of Microsoft's Memorandum 11/10/97
    • Licensing Case and Consent Decree (1994-95)
    Court of Appeals Opinion remanding to new district judge, 6/16/95
    District Court Order cancelling scheduling conference, 3/14/95
    District Court Memorandum Opinion rejecting consent decree, 2/14/95
    United States Filings
  • Motion to Strike Microsoft's Petition for an Order Setting Aside Civil Investigative Demand No. 13187 6/26/95
  • Appeals from the United States District Court for the District of Columbia 4/24/95
  • Transcript of Oral Argument 4/24/95
  • Reply Brief for Appellant United States
  • 4/10/95
  • Motion of United States of America to Postpone Status Conference 3/13/95
  • Brief for Appellant United States 3/7/95
  • Motion for Expedited Consideration and for Briefing Schedule 2/15/95
  • Order re Motion to Approve the Consent Decree 2/14/95
  • Response of the United States of America to Supplemental Submission of Amici Curiae 2/3/95
  • Response of the United States of America to Supplemental Submission of Amici Curiae 2/3/95
  • Memorandum of the United States of America in Response to the Court's Inquiries Concerning "Vaporware" 1/27/95
  • Memorandum of the United States of America in Support of Motion to Enter Final Judgment and in Opposition to the Positions of I.D.E. Corporation and Amici 1/18/95
  • Competitive Impact Statement 7/27/94
  • Stipulation 7/15/94
  • Complaint 7/15/94
  • Final Judgment 7/15/94
    		• Microsoft materials not available online

    Last updated by Wendy Seltzer.

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