Key trial issues
The filings yesterday are a first glimpse at the wrangling that will go on behind the scenes as this case moves toward trial. Both sides had several issues on the table, including Oracles request for a witness list a full three months before the trial begins (30 days is standard) and its wish to have two internal lawyers privy to sensitive documentation that is currently only available to Oracles outside attorneys. Click here to read about Microsofts sworn statement on enterprise competition.At the same time, Oracle contends that because the Justice Department had an eight-month lead on the trial through its initial investigation, it needs more time to discover and depose witnesses. The DOJ countered that Oracle was involved in most aspects of that investigation, knew what was going on and is not behind now. Next page: The DOJ is seeking forms that reveal competition details.
At issue with Oracles request that internal lawyers view sensitive documents is that the lawyers would have access to sensitive information gleaned from third partiesincluding PeopleSoftand may use that information as a competitive advantage, according to the DOJs filing. Oracles point is that without access, those attorneys, who will be part of the trial, essentially will be flying blind.