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The 158 Exhibits Attached to Novell's Response to MS's Cross Motion for SJ in Antitrust Suit
Monday, November 30 2009 @ 02:35 PM EST

And now, as promised and thanks to your donations, we have the 158 exhibits, attached to Novell's response [PDF] to Microsoft's cross motion for summary judgment in the WordPerfect antitrust litigation. This is the other side of that story.

The Affidavit of Alex Hassid [PDF] is actually Exhibit 1, but they don't count it that way, as it lists what all the other 157 exhibits are:

  • Exhibit 1 - Notice of Filing of Lengthy Exhibit; filed in paper format: Expert Report of Ronald S. Alepin dated May 1, 2009.

  • Exhibit 2 - Paper filing: Rebuttal Expert Report of Ronald S. Alepin dated July 27, 2009.

  • Exhibit 3 Paper filing: Declaration of Roger G. Noll dated May 1, 2009.

  • Exhibit 4 -Paper filing: Reply Report of Roger G. Noll dated July 24, 2009.

  • Exhibit 5- Email from Bill Gates to others at Microsoft titled "Shell plans - iShellBrowser" dated Oct. 3, 1994.

  • Exhibit 6 - Relevant portions of the Deposition of Eric Meyers dated Sept. 28, 2001, JCCP No. 4106 (Super.Ct.Cal).

  • Exhibit 7 - Relevant portions of the Deposition of Jonathan Lazarus in this case dated Jan. 27, 2009.

  • Exhibit 8Relevant portions of the Deposition of Jeff Raikes in this case dated Jan 27, 2009.

  • Exhibit 9 - Relevant portions of the Deposition of Cameron Myhrvold in this case, dated Feb. 12, 2009.

  • Exhibit 10 - Relevant portions of the Deposition of Willard "Pete" Peterson, dated March 19, 2002, JCCP No. 4106 (Super. Ct. Cal.).

  • Exhibit 11 Triip Report for the Chicago User Interface Design Preview dated July 8-9, 1993.

  • Exhibit 12 - Trip Report for the Win32 Developers Workshop Featuring Chicago, dated Sept. 9-10, 1993.

  • Exhibit 13 - Document titled "WordPerfect for Win32 Development Chronology," dated April 15, 1994.

  • Exhibit 14 - Email from Brad Silverberg (Microsoft) to others at Microsoft regarding "FW:WP [Visit]" dated Nov. 18, 1993.

  • Exhibit 15 - Email from Scott Smith (Microsoft) to Bill Gates and others at Microsoft regarding "WordPerfect Briefing, Fri Jan 8th, Bldg 15 (EBC Room 1)" dated Jan. 7, 1993.

  • Exhibit 16 - Email from Doug Henrich (Microsoft) to Jon Lazarus and Paul Maritz (Microsoft) regarding "FW: Meeting Report: WordPerfect, PDF '93" dated Dec. 24, 1993.

  • Exhibit 17 - Email from Paul Maritz (Microsoft) to Ken Gregg (Microsoft) titled "FW: OLE 2 PDC meetings - please do not forward" dated Dec. 21, 1993.

  • Exhibit 18 - Email from Scott Smith (Microsoft) to others at Microsoft regarding "WordPerfect status for Chicago meeting" dates Nov. 5, 1993.

  • Exhibit 19 - Relevant portions of the Deposition of Greg Richardson, dated Dec. 13, 2001, JCCP No. 4106 (Super. Ct. Cal.).

  • Exhibit 20 - Relevant portions of the Deposition of Bill Gates, dated Feb. 27, 2002, JCCP No. 4106 (Super. Ct. Cal.).

  • Exhibit 21 - Memorandum from a Microsoft Marketing team titled "Executive Summary: Desktop 95 Campaign" dated Jan. 12, 1995.

  • Exhibit 22 - Memorandum from John Sage (Microsoft) titled "Office FY95 Plan" dated April 4, 1994.

  • Exhibit 23 - Undated Novell document regarding Win32 Conference Issues.

  • Exhibit 24 - Microsoft press release titled "Windows 95 Announced As Offficial Name For Microsoft Windows 'Chicago'" dated Sept. 8, 1994.

  • Exhibit 25 - Email from Tammy Steele (Microsoft) to others at Microsoft regarding "Windows 95 Evangelism Wrap-up Report" dated October 18, 1995.

  • Exhibit 26 - Fax from Brad Struss (Microsoft) to Todd Titensor (Novell) regarding the Windows 95 logo program, dated Jan. 18, 1995.

  • Exhibit 27 - Email from Brad Struss (Microsoft) to others at Microsoft regarding "Draft: First Wave Plan for H1 95" dated Dec. 15, 1994.

  • Exhibit 28 - Relevant portions of the Deposition of Scott Henson in this case, dated Dec. 17, 2008.

  • Exhibit 29 - Relevant portions of the Deposition of Brad Struss in this case, dated Jan. 14, 2009.

  • Exhibit 30 - Relevant portions of the Deposition of Doug Henrich in this case, dated Jan. 8, 2009.

  • Exhibit 31 Email from Bill Gates to others at Microsoft regarding "RE: Os/2 status," daated May 4, 1993.

  • Exhibit 32 Email from Brad Silverberg (Microsoft) to others at Microsoft regarding "FW: WfW, DDJ," dated Oct.4, 1993.

  • Exhibit 33 - Email from Jim Allchin (Microsoft) to others at Microsoft regarding "Novell", dated March 28, 1993.

  • Exhibit 34 - Email from Jim Allchin (Microsoft) to others at Microsoft regarding "Customers and Novell," dated Sept. 18, 1993.

  • Exhibit 35 Email from John Ludwig (Microsoft) to others at Microsoft regarding "RE: shell in office," dated June 15, 1993.

  • Exhibit 36 - Memorandum from Steve Ballmer (Microsoft) to others at Microsoft titled "FY95 Planning Memo," dated April 4, 1994.

  • Exhibit 37 - Email from Bill Gates (Microsoft) to others at Microsoft regarding "Novell", dated March 23, 1994.

  • Exhibit 38 Email from Mike Murray (Microsoft) to Bill Gates (Microsoft) regarding "Novell/WP," dated April 5, 1994.

  • Exhibit 39 - Email from Bill Henningsgaard (Microsoft) to Pete Higgins (Microsoft) regarding "FW: Novell", dated March 24, 1994.

  • Exhibit 40 - Copy of the PerfectOffice Product Sales Guide dated Fall 1994.

  • Exhibit 41 - Email from Mike Maples (Microsoft) to Pete Higgins and Chris Peters (Microsoft) regarding "RE: Competitive Update: Novell/WordPerfect PerfectFit Program", dated July 4, 1994.

  • Exhibit 42 - Email from Scott Raedeke (Microsoft) to others at Microsoft regarding "Competitive Update: Novell/WordPerfect PerfectFit Program," dated June 30, 1994.

  • Exhibit 43 - Press Release titled "Novell Ships PerfectOffice Developer Reference Set," dated May 16, 1995.

  • Exhibit 44 - Microsoft draft slideshow by Cameron Myhrvold titled "Recruiting Developers for Office," dated July 22, 1994.

  • Exhibit 45 - Relevant portions of the Deposition of Paul Maritz, Antitrust Investigative Demand No. 10807, dated May 24, 1994.

  • Exhibit 46 - Relevant portions of the Deposition of Brad Silverberg, Antitrust Investigative Demand No. 10807, dated June 23, 1994

  • Exhibit 47 - Email from Brad Silverberg (Microsoft) to Paul Maritz (Microsoft) regarding "standards," dated January 19, 1994.

  • Exhibit 48 - Email from Bob Frankston (Microsoft) to others at Microsoft regarding "RE: Frankenberg speech at Agenda," dated October 5, 1994.

  • Exhibit 49 - Email from Tanya van Dam (Microsoft) to others at Microsoft regarding "Novell's Strategic Direction," dated Sept. 15, 1995.

  • Exhibit 50 User Requirements Specification for Thunder Internet Publishing, dated April 6, 1995.

  • Exhibit 51 - User Requirements Specification for Storm Internet-Enabling, dated March 31, 1995.

  • Exhibit 52 - Undated chart titled "Netscape Navigator".

  • Exhibit 53 - Concept Design Specification for PerfectOffice 7 (Storm) Web Browser API, dated Aug. 3, 1995.

  • Exhibit 54 - Email from Warren Buffett to Jeff Raikes (Microsoft) regardings "Re: Go Huskers!" dated Aug. 21, 1997.

  • Exhibit 55 Trip Report from the Win32 Developers Workshop Featuring Chicago, dated Sept. 9-10, 1993.

  • Exhibit 56Microsoft Slideshow titled "New Windows 'Chicago' UI: What It Means For Your Application," dated Dec. 1993.

  • Exhibit 57 - Email from Brad Struss (Microsoft) to Doug Henrich (Microsoft) regarding "FW: Namespace Extension Decision," dated Oct. 12, 1994.

  • Exhibit 58 - Email from Brad Silverberg (Microsoft) to others at Microsoft regarding "FW: Explorer and scope pane and REN," dated March 31, 1994.

  • Exhibit 59 - Email from Brad Silverberg (Microsoft) to to Jim Allchin (Microsoft) regarding "RE: Chicago UI design preview," dated July 13, 1993.

  • Exhibit 60 Trip Report for the Chicago User Interface Design Preview, dated July 8-9, 1993.

  • Exhibit 61 - Article from Microsoft's Developer Relations Group titled "Diving into the New Windows Logo Requirements," dated July 14, 1994.

  • Exhibit 62 - The WordPerfect Windows 95 Shell Integration documentation, with various revisions dated Sept. 1994.

  • Exhibit 63 - Relevant portions of the Deposition of Norman Thomas Creighton, JCCP No. 4106 (Super. Ct. Cal.), dated March 22, 2002.

  • Exhibit 64 - Email from Brad Silverberg (Microsoft) to Russ Siegelman (Microsoft) regarding "RE: propossed iShellBrowser solution for Marvel," dated Oct. 5, 1994.

  • Exhibit 65 - Email from Brad Struss (Microsoft) to others at Microsoft regarding "ISV status on Namespace Browswers/explorer extensibility," dated Sept. 22, 1994.

  • Exhibit 66 - Email from Dennis Adler (Microsoft) to others at Microsoft regarding "My notes from retreat," dated June 14, 1993.

  • Exhibit 67 - Undated Microsoft slideshow regarding increasing the sales of Microsoft Office.

  • Exhibit 68 - Microsoft document titled "Office Shell Ideas and Issues," dated July 2, 1993.

  • Exhibit 69 - Relevant portions of the Deposition of Willard "Pete" Peterson in this case, dated Octobere 1, 2008.

  • Exhibit 70 - Expert Report of R. Glenn Hubbard, dated June 24, 2009.

  • Exhibit 71 - Expert Report of Frederick R. Warren-Boulton, dated May 1, 2009.

  • Exhibit 72 - Reply Report of Frederick R. Warren-Boulton, dated July 27, 2009.

  • Exhibit 73 - Exhibit 12 to the Deposition of Satoshi Nakajima in this case, dated Feb. 24, 2009.

  • Exhibit 74 - Expert Report of John K. Bennett, dated June 24, 2009.

  • Exhibit 75 - Relevant portions of the Deposition of Adam Harral, JCCP No. 4106 (Super. Ct. Cal.), dated Dec. 12, 2001.

  • Exhibit 76 - Novell document titled PerfectFit 95 Schedule Panic Mode Modification Recommendations," dated July 28, 1995.

  • Exhibit 77 - elevant portions of the Deposition of Gary Gibb in this case, dated March 17, 2009.

  • Exhibit 78 - Microsoft's Messaging Application Program Interface (MAPI) Overview, dated April 29, 1993.

  • Exhibit 79 - Memorandum on MAPI from Michael Zisman (Lotus) to Jim Manzi (Lotus), dated March 23, 1994.

  • Exhibit 80 - "MAPI 1.0 Beta Software Developer's Kit" Press Released, dated Nov. 23, 1993.

  • Exhibit 81 - Introduction to the Chicago Project, dated Sept. 1993.

  • Exhibit 82 - Email from Laura Jennings (Microsoft) to others at Microsoft regarding "NetWorld trip report," dated Feb. 19, 1992.

  • Exhibit 83 - Microsoft Windows "Chicago" Reviewer's Guide, dated May 1994.

  • Exhibit 84 - Relevant portions of the Deposition of Rich Hume in this case, dated March 24, 2009.

  • Exhibit 85 Article "Lotus, Novell say Microsoft is hiding MAPI extensions," dated March 13, 1995.

  • Exhibit 86 - Article "ISVs irate over private MAPI 1.0 extensions," dated March 13, 1995.

  • Exhibit 87 - Email from Michael Zisman regarding "MAPI Discussion with Microsoft," dated March 15, 1995.

  • Exhibit 88 - Email from Michael Zisman to Jim Manzzi regarding "Read before call with Herbold," dated March 14, 1995.

  • Exhibit 89 - Letter from Microsoft to Lotus beginning "Dear MAPI developer," dated July 21, 1993.

  • Exhibit 90 - Undated document titled "What is MAPI?".

  • Exhibit 91 - Email from Dave Miller (Novell) to David Bradford (Novell) regarding "Microsoft and Government Relations Committee meeting," dated Dec. 7, 1995.

  • Exhibit 92 - Email from Paul Smart (Novell) to Stewart Nelson (Novell) regarding "Re: Current Department of Justice Inquiry Into Microsoft - Forwarded," dated May 24, 1996.

  • Exhibit 93 Email from Rob Steele (Novell) to Dave Miller (Novell) regarding "MAPI Issues for GroupWise - Resend," dated Nov. 6, 1995.

  • Exhibit 94 - Email from John Gailey (Novell) to Eldon Greenwood (Novell) regarding "Re: Fwd: Outlook and GroupWise," dated March 7, 1997.

  • Exhibit 95 - Email from Rob Steele (Novell) to Frank Nutt (Novell) regarding "Problems with Microsoft continue...," dated March 10, 1997.

  • Exhibit 96 - Email from John Gailey (Novell) regarding "Re: Outlook Icon on Desktop," dated March 5, 1998.

  • Exhibit 97 - Unsigned letter from Ryan Richards (Novell) to Kenneth Gaul (DOJ) titled "New Information About GroupWise and MS MAPI," dated Nov. 12, 1998.

  • Exhibit 98 - Unsigned letter from Ryan Richards (Novell) to Kenneth Gaul (DOJ) titled "Incompatibilities between Novell's GroupWise and Microsoft's Windows 2000," dated June 7, 1999.

  • Exhibit 99 - Email from John Gailey (Novell) to others at Novell regarding "Re: DOJ Inquiry," dated March 4, 1998.

  • Exhibit 100 - Document titled "Printer Driver and Print Spooler".

  • Exhibit 101 - Document titled "Chapter 4 Print Processors," from Windows 95 DDK documentation, as cited in the Alepin Report and dated March 1995.

  • Exhibit 102 - Email from Stuart Jensen (Novell) regarding "DOJ Inquiry," dated July 13, 1995.

  • Exhibit 103 - Undated document titled "Microsoft Questions."

  • Exhibit 104 - Email from Bruce Brereton (Novell) regarding "Technology List," dated Jan. 2, 1996.

  • Exhibit 105 - Dataquest Perspective article titled "Windows 95 - The Road to Chicago," dated Dec. 26, 1994.

  • Exhibit 106 - Expert Report of Kevin M. Murphy, dated June 24, 2009.

  • Exhibit 107 - Email from Brad Chase (Microsoft) to others at Novell regarding "RE: Windows 95 Logo Program Requirements," dated April 3, 1995.

  • Exhibit 108 - Email from Mark Calkins (Novell) to Brad Chase and Brad Silverberg (Microsoft) regarding "Windows 95 Logo Program Requirements," dated March 6, 1995.

  • Exhibit 109 - Undated report titled "Competition in the Network Market: The Microsoft Challenge."

  • Exhibit 110 - Relevant portions of the Deposition of Tom Freeman in this case, dated March 31, 2009.

  • Exhibit 111 - Email from Ben Slivka (Microsoft) to Frank Artale (Microsoft) regarding "You stud!" dated Sept. 29, 1995.

  • Exhibit 112 - Relevant portions of the Deposition of Roger G. Noll in this case, dated Sept. 10, 2009.

  • Exhibit 113 - Relevant portions of the Deposition of Bill Gates in this case, dated May 19, 2009.

  • Exhibit 114 - Summary Judgment Ruling and Order entered in Comes v. Microsoft Corp., No. CL 82311 (Iowa Dist. Ct. Polk County), filed Nov. 1, 2006.

  • Exhibit 115 - Relevant portions of the Expert Deposition of Kevin M. Murphy in this case, dated Sept. 16, 2009.

  • Exhibit 116 - Microsoft's First Set of Requests for Production, dated July 20, 2005.

  • Exhibit 117 - Microsoft's First Set of Interrogatories, dated Feb. 28, 2008.

  • Exhibit 118 - Novell's Objections and Responses to Microsoft's First Set of Interrogatories, dated April 7, 2008.

  • Exhibit 119 - Paper filing; Novell's Supplemental Responses to Microsoft's First Set of Interrogatories, dated Jan. 28, 2009.

  • Exhibit 120 - Relevant portions of the Deposition of Rich Hume in this case, dated July 15, 2009.

  • Exhibit 121 - Relevant portions of the Deposition of Rob Shurtleff in this case, dated January 14, 2009.

  • Exhibit 122 - Relevant portions of the Deposition of Tom Evslin in this case, dated February 19, 2009.

  • Exhibit 123 Rebate and Marketing Fund Addendum to the 1995/1996 Microsoft Channel Agreement.

  • Exhibit 124 - Pursuant to Local Rule 105.5(a) is a copy of Masimo Corp. v. Tyco Health Care Group, L.P., No. CV 02-4770 MRP, 2006 U.S. Dist. LEXIS 29977 (C.D. Cal.Mar. 22, 2006) aff'd, Nos. 07-55960, 07-56017, 2009 U.S. App. LEXIS 23765 (9th Cir. Oct. 28, 2009).

  • Exhibit 125 - Email from Tina Headley (Microsoft) to others at Microsoft regarding "FW: Office 2nd Half Initiative (North America): Avalanche," dated Oct. 6, 1994.

  • Exhibit 126 - Microsoft's Project Avalanche Plan - Draft 1.0 for Office 95.

  • Exhibit 127 - Internal Microsoft Memorandum titled "January/June 1994 Reseller purchasing and marketing fund policies Key changes memo -- final program roll-out," dated Jan. 18, 1994.

  • Exhibit 128 - Document titled "Office Drive/Incremental Share Program," dated Sept. 8, 1994.

  • Exhibit 129 - Microsoft's undated Direct Marketing/Mail Order Segment Overview.

  • Exhibit 130 - Rebate and Marketing Fund Addendum to The 1994/1995 Microsoft Channel Agreement with Microage Computer Centers, Inc., dated Dec. 1995-January 1995.

  • Exhibit 131 - Ingram Micro's 10K form, filed March 24, 1997.

  • Exhibit 132 - Copies of 17 separate rebate agreements between Microsoft and various parties.

  • Exhibit 133 - Stipulation entered into in the United States v. Microsoft, dated July 15, 1994.

  • Exhibit 134 - Relevant portions of the Deposition of Carl Sittig, JCCP No 4106 (Super.Ct. Cal.), dated May 30, 2001.

  • Exhibit 135 - Copies of 13 separate agreements between Microsoft and various distributors.

  • Exhibit 136 - Letter from William H. Neukom (Microsoft) to the Korean Fair Trade Commission titled "Microsoft Corporation OEM Licensing Policies," dated Feb. 7, 1992.

  • Exhibit 137 - Relevant portions of the Deposition of Carl Gulledge, JCCP No 4106 (Super. Ct. Cal.), dated May 18, 2001.

  • Exhibit 138 - Relevant portions of the Deposition of Thomas Gemmell, JCCP No 4106 (Super. Ct. Cal.), dated Oct. 2, 2001.

  • Exhibit 139 - Microsoft OEM License Agreement with Minimum Commitment Paymets with Lucky Computers, Inc., dated December 12, 1994.

  • Exhibit 140 - Microsoft OEM License Agreement with Infotel, Inc., dated Feb. 1, 1994.

  • Exhibit 141 - Amendment 1 to the License Agreement between Infotel and Microsoft, dated August 1994.

  • Exhibit 142 - Microsoft OEM License Agreement with Compaq Computer, dated Sept. 15, 1994.

  • Exhibit 143 - Exhibits to Microsoft's Licensing Agreement with Compaq Computer, dated Dec. 8, 1994.

  • Exhibit 144 - Relevant portions of the Deposition of Richard Fade, JCCP No 4106 (Super. Ct. Cal.), dated Oct.4, 2001.

  • Exhibit 145 - Undated document regarding Microsoft's Prepaid Balances for Worldwide OEM.

  • Exhibit 146 - Relevant portions of the Deposition of Robert Vellone, JCCP No 4106 (Super. Ct. Cal.), dated Dec. 19, 2000.

  • Exhibit 147 - Declaration of Hahns Burg, JCCP No 4106 (Super. Ct. Cal.), dated Aug.4, 2000.

  • Exhibit 148 - Memorandum from Asda Suwanawihok (Microsoft) to others at Microsoft titled "Market Share Data based on IMS Fast Track Information," dated Aug. 10, 1994.

  • Exhibit 149 - Memorandum from Asda Suwanawihok (Microsoft) to others at Microsoft titled "Market Share Data based on IMS Fast Track Information," dated Sept. 25, 1994.

  • Exhibit 150 - Memorandum from Asda Suwanawihok (Microsoft) to others at Microsoft titled "Market Share Data based on IMS Fast Track Information," dated Nov. 3, 1994.

  • Exhibit 151 - Chart of Novell's Business Applications Point of Sale Information from 1995.

  • Exhibit 152 - Novell, Inc.'s Form S-4/A, filed June 23, 1994.

  • Exhibit 153 - Novell's Business Applications Profit & Loss Statement and Estimate for 1995.

  • Exhibit 154 - Novell's Business Applications Profit & Loss Statement for 1995.

  • Exhibit 155 - Novell Applications Group's Revenue by Product Line for 1995.

  • Exhibit 156 - Novell's Gross Margin by Product in 1995.

  • Exhibit 157 - Email from Hank Vigil (Microsoft) to Dale Christensen (Microsoft) regarding "RE: PerfectOffice/WP sell through," dated Jan. 10, 1995.


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