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SUN MICROSYSTEMS, INC. v. MICROSOFT CORP.

No. 99-15046.

188 F.3d 1115 (1999)

SUN MICROSYSTEMS, INC., a Delaware Corporation, Plaintiff-Appellee, v. MICROSOFT CORPORATION, a Washington corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 23, 1999.

Attorney(s) appearing for the Case

Barbara A. Caulfield, Orrick, Herrington & Sutcliffe, Menlo Park, California, for the defendant-appellant.

Lloyd R. Day, Jr., Day, Casebeer, Madrid, Winters & Batchelder, Cupertino, California, for the plaintiff-appellee.

Before: SCHROEDER, BOOCHEVER, and HALL, Circuit Judges.

SCHROEDER, Circuit Judge:

Overview

This case illustrates how fast technology can outdistance the capacity of contract drafters to provide for the ramifications of a computer software licensing arrangement. The license in question runs from plaintiff-appellee Sun Microsystems to defendant-appellant Microsoft. It involves Java, a computer programming language Sun developed to enable the writing of programs that work...

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