Appeals court rules for Microsoft in suit

The plaintiffs in the latest case allege they were overcharged.
RICHMOND, Va. (AP) -- Businesses and consumers who bought computers with Microsoft Corp. software preinstalled or bought the company's programs through a reseller can't sue for antitrust violations, a federal appeals court ruled Tuesday.
A unanimous three-judge panel of the 4th Circuit Court of Appeals affirmed rulings made in 2001 and 2004 by the U.S. District Court in Baltimore. The lower court had ruled that plaintiffs could not seek damages because the software was not bought directly from Microsoft, based in Redmond, Wash.
The 26 plaintiffs were seeking as much as $10 billion in damages.
Under federal law established in a 1977 antitrust ruling, indirect purchasers are not entitled to "overcharge" damages based on a company's settlement with the U.S. Department of Justice. Microsoft, which had been declared a monopoly, settled with the DOJ in late 2001.
Latest case
The plaintiffs in the latest case claimed they were overcharged for Windows and other Microsoft programs because of the monopoly. They also claimed the monopoly barred consumers from the benefits of software that may have been potentially superior to those made by the company.
Christopher Lovell, a lawyer representing the plaintiffs, did not immediately return phone calls seeking comment.
David B. Tulchin, who represented Microsoft during arguments in the case, said the appellate court "made the absolutely correct decision," in dismissing the claims.
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