Sun Microsystems, Inc. v. Microsoft Corp.

ORDER RE SUN’S MOTION TO REINSTATE NOVEMBER 17, 1998 PRELIMINARY INJUNCTION UNDER CAL. BUS. & PROF. CODE §§ 17200 ET SEQ.

[Re Docket No. 1658]

Sun Microsystems, Inc.’s Motion to Reinstate November 17, 1998 Preliminary Injunction Order Under Cal. Bus. & Prof. Code §§ 17200 et seq. was heard on October 15, 1999. The court has read the moving and responding papers, heard the oral argument of counsel, and consulted with the neutral expert appointed in the present case. For the reasons set forth below, the court grants in part Sun’s motion to reinstate the November 17, 1998 Preliminary Injunction Order based upon Microsoft Corporation’s alleged unfair competition.

I. BACKGROUND

A. Nature Of Motion

In its May 12, 1998 motions for preliminary injunctive relief, Sun Microsystems, Inc. (“Sun”) sought to enjoin Microsoft Corporation (“Microsoft”) from distributing incompatible versions of Sun’s Java Technology based on theories of copyright infringement and unfair competition. On November 17, 1998, the court, based on Sun’s showing of likely success as to its claim for copyright infringement, granted preliminary injunctive relief to Sun restricting Microsoft’s distribution of software…