After initial courtroom sparring in Symantec's trade secret lawsuit against Microsoft, the companies are now shaping up for the real fight. A federal judge in Seattle on Tuesday approved an order that lets both parties in the case file documents under seal. They can now fully cooperate in gathering information pertinent to the case, since sensitive details won't become public record. An actual trial, should it come down to that, is still far away, though. In a court filing last week, both Symantec and Microsoft suggested trial dates in December of next year.
"We want to drive this forward," Michael Schallop, director of legal affairs at Symantec, said in an interview Wednesday. "We think we're right, and we will be able to prove it. The sooner we get this resolved the better, whether through trial or through a negotiated resolution."
Symantec sued Microsoft in May, accusing it of misappropriating intellectual property related to data storage technology. The case is part of a
high-stakes battle in the software industry, where giant Microsoft is increasingly
entering Symantec's turf of security software. It's the first time that Cupertino, Calif.-based Symantec and Redmond, Wash.-based Microsoft have been on opposite sides in a legal dispute.
Symantec seeks unspecified damages and an injunction barring Microsoft from using the storage technology.
If granted, the injunction would put a halt on Windows Vista and the Longhorn server, two major Microsoft products slated for availability in 2007.
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