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During the upcoming pretrial phase, legal experts say Judge Vaughan Walker will hear each sides motions to eliminate certain witnesses, categories of evidence and types of arguments. For example, Oracles lawyers could conceivably move to bar any testimony pertaining to claims of past anticompetitive behavior. In the end, the trial outcome will depend on whether Oracle can make a compelling case that the market for enterprise software is evolving, as opposed to being locked up with the top vendors, as the DOJ maintains.
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