Novell has lost an appeal in a case against Microsoft which deals with Microsoft’s alleged predatory behavior towards the WordPerfect productivity suite back in the 1990s. This case was notorious for having co-founder Bill Gates on the stand testifying for two days.

Novell originally claimed that Microsoft purposely delayed releasing Windows 95 in order to harm Novell’s WordPerfect application software business, back in the 1990s, in an attempt to crust the competition when it came to the Office productivity market. Microsoft, however, continued to argue that the delay had nothing to do with Novell, instead, was because the company needed more time to decide on what features to include in the operating system.

Jurors in the federal court antitrust case involving Microsoft and Novell were unable to reach an unanimous verdict back in December of 2011. Novell then filed an appeal and only today we have learned that a federal appeals court has thrown out Novell’s complaint.

The Denver-based 10th US Circuit Court of Appeals ruled that Novell has no viable claims left after the company lost an eight-week trial against Microsoft in Salt Lake City back in 2011. According to Novell, this has cost time and market share for the company, resulting in the company to sell WordPerfect for a $1.2 billion dollar loss.

The court ruled that Novell’s complaint came a little too late when the company sued Microsoft in 2004. The court also ruled that Novell failed to make the larger case that Microsoft was protecting a monopoly on operating systems.

“As we’ve maintained since it was filed over eight years ago, this case was meritless and should never have been brought. We’re pleased that the Court of Appeals has put it to rest once and for all,” Microsoft’s David Howard stated.

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