Suit Against Microsoft Is Headed for Trial

Microsoft Corp., which has made putting its costly legal battles behind it a priority, heads into court this week to face claims by Minnesota plaintiffs that it abused its Windows monopoly to overcharge for software, the first such class action to go before a jury.

Chairman Bill Gates is expected to take the stand to argue on behalf of the company he co-founded nearly 30 years ago.

Unless a last-minute settlement is reached between Microsoft and lawyers representing seven consumers and businesses, opening arguments before a state court in Minneapolis are expected to begin by Wednesday, lawyers for both sides said.

Like other cases that eventually were settled, most notably one in California for $1.1 billion, the Minnesota class action claims that Microsoft used its monopoly in the personal computer operating systems market to overcharge customers for software.

The plaintiffs’ lawyers have asked for damages that could total more than $400 million.

Both sides declined to comment on whether they were in settlement talks.

The trial is expected to last 10 to 15 weeks.

Microsoft already has settled with nine other states and the District of Columbia, but remains the target of antitrust lawsuits brought by competitors. The European Commission is expected to unveil its decision soon on its antitrust case against Microsoft.