As is usual in civil cases, Sun Microsystems Inc and Microsoft Corp have both asked for summary judgements to be issued in their Java lawsuit. Sun is effectively asking to have Judge Whyte’s preliminary findings made permanent as a matter of law. Last November the judge said Microsoft was likely to prevail in its lawsuit which charges Microsoft with breaching its Java contract, Sun’s Java copyright and trying to undermine the language through by using its market power. Sun also filed a motion for summary adjudication which asks the court to resolve some of the issues that underlie its claims including the meaning of the term supplemental classes used in the Java license. Microsoft has asked the court to rule against any Sun claim for damages that are in excess of the basic Java license fee. It also asked that the court rule against any punitive damages on any of Sun’s claims, as well as against the demand for treble damages on Sun’s copyright claims and against for compensatory damages on Sun’s unfair competition claim.
