Sun Microsystems, Inc. v. Microsoft Corp.

ORDER RE SUN’S MOTION TO REINSTATE NOVEMBER 17, 1998 PRELIMINARY INJUNCTION UNDER 17 U.S.C. § 502

Sun Microsystems, Inc.’s Motion to Reinstate November 17, 1998 Preliminary Injunction Under 17 U.S.C. § 502 was heard on October 15, 1999. The court has read the moving and responding papers and heard the oral argument of counsel. For the reasons set forth below, the court denies the motion.

I. BACKGROUND

A. NatüRE Of Motion

On November 17, 1998, the court granted preliminary injunctive relief to Sun Mi-crosystems, Inc. (“Sun”) restricting Microsoft Corporation’s (“Microsoft”) use and distribution of software products incorporating Sun’s Java Technology pursuant to the terms of a Technology License and Distribution Agreement (“TLDA”). On August 23, 1999, the Ninth Circuit issued an order vacating the November 17, 1998 Preliminary Injunction Order and remanding the case for further proceedings. According to the Ninth Circuit, this court did not decide the preliminary contractual issue of whether the compatibility terms in the TLDA are license restrictions or separate covenants, the breach of which only support claims for breach of contract. See Sun Microsystems, Inc. v. Microsoft…