Microsoft Asks Court to Dismiss Sendo Suit
Microsoft denies claims that it used Sendo's hardware expertise to undermine the cell phone company.Software giant Microsoft Corp. this week requested that a federal court dismiss a lawsuit by British startup Sendo Ltd. that claimed Microsoft purposefully undermined the small cell phone company. Filing a response to the U.S. District Court for the Eastern District of Texas in Texarkana, Microsoft denied claims that it had a "secret plan" to use Sendos hardware expertise to establish new partnerships that would compete with Sendo and drive it to the brink of bankruptcy. Sendo made these claims in a December lawsuit. At issue is the companys z100 phone, which initially was to be based on Microsofts Smartphone operating system but ultimately ended up using Nokia Corp.s Series 60 platform.
"Sendos development of the Z100 Smartphone failed not because of any Microsoft master or secret plan, but because of Sendos gross incompetence and lack of diligence in creating a competitive product," reads Microsofts motion to dismiss. "Microsoft poured millions of dollars and thousands of hours into the creation of the Z100 Smartphone, yet the project never bore fruit because Sendo devoted its attention and resources to the production of its other cell phone lines, and the few employees Sendo did devote to the Z100 were so disorganized and uninterested in the success of the project that it was doomed to failure."