Sponsored by the Software Forum and the Center for Software Development.

This presentation is a mock trial of the action currently pending before the United States District Court for the District of Columbia. The action was brought by the United States Department of Justice under Sections 1 and 2 of the Sherman Act to restrain anti-competitive conduct by defendant Microsoft Corporation.  The action has been joined by some 20 States which have alleged violations of various state antitrust and/or unfair competition and related laws.

Members of this panel do not represent any party to this action.  The views expressed are those perceived to be relevant to the respective sides of the litigation.  Neither the Software Forum, the Center for Software Development, nor Comdex/Enterprise and its sponsors necessarily endorse the views expressed here or the positions taken by the real parties in this action.

Listen to the audio of the Mock Trial (offered by ZDTV)

Biographical information for the panel:

The "Judge": Lewis A. Mettler is an attorney and software developer in the San Jose area. He began developing personal applications on desktop systems from HP as early as 1972.  He began the practice of law in 1974 and used a desktop system to do word processing, accounting, litigation support and real estate investment tax analysis.  He has provided instruction in computer programming and management Information Systems at the university level and instructed members of  the State Bar in Law Office Management.  He co-founded a computer timesharing company in 1976 and developed a number of turnkey inventory control systems.  He has represented high technology clients and currently focuses upon Intellectual Property matters. 

Attorney for the Department of Justice: Richard J. Gray is a partner in the Silicon Valley litigation firm Bergeson, Eliopoulos, Grady & Gray, LLP. Mr. Gray's experience includes extensive involvement in trade secret, patent, and copyright litigation as well as lead counsel responsibility for defending administrative and criminal antitrust and S.E.C. investigations. He has represented a broad spectrum of high-tech companies ranging from semiconductor manufacturers and software publishers to medical equipment manufacturers and telecommunications companies. In addition to teaching numerous seminars on legal topics related to high technology, he is frequently quoted as a commentator on technology and the law in the media. His firm's website is www.begglaw.com. (408) 291-6200

Attorney for Microsoft Corporation: Ian N. Feinberg is a litigation partner in Gray Cary Ware & Freidenrich's Intellectual Property and Technology Group.  He has practiced antitrust and intellectual property litigation and counseling in the Silicon Valley for 17 years.  He has advised small and large companies on a variety of antitrust issues, and has been antitrust counsel in a number of recent high-profile mergers and acquisitions. Recent court victories include Adobe v. Softkey, the first case to hold that font software programs are protectible by copyright. (650) 833-2123

Playing the role of "Marc Andreessen": Narendra B. Patel will play the role of "Marc Andreessen of Netscape".  Narendra Patel is an associate of Gray, Cary, Ware & Freidenrich's Intellectual Property and Technology Group.  He graduated from Hastings College of the Law in 1992.  He has represented high technology companies in trademark infringement, patent infringement and trade secret misappropriation cases.  He has also represented companies in commercial disputes involving claims for breach of contract, unfair competition and interference with economic relations.  His firm's website is WWW.gcwf.com. (650) 833-2143

Playing the role of "Bill Gates":  David Fisher is CEO of Micron Force Instruments Inc., San Jose.  Micron Force Instruments is in the process of developing products that will enable it to become a market leader in high speed internal IC test equipment.  He has also served with two of Canada's leading Venture Capital firms (Ventures West and the Business Development Bank of Canada).  In 1992 he co-founded Quadrus Development, an Alberta leader in contract software development for Windows and Windows NT.  His e-mail address is davidf@micronforce.com. (408) 501-0791