SAN FRANCISCO, July 7, 2004 – LAWFUEL – California Superior Court Judge Paul
H. Alvarado has granted final approval to the $1.1 billion settlement of the
California Microsoft antitrust case, concluding that the dollar amount of the
agreement “constitutes fair, reasonable and adequate compensation to the
Class.”
Judge Alvarado’s decision states the California settlement is more
favorable than settlements reached in any other states. “The amount of the
settlement benefits available in California on a per license basis far exceeds
the amount available to class members in other settling states, often by a
factor of five or six times,” Alvarado ruled.
More than 14 million California consumers and businesses are eligible to
collect large refunds on past purchases of Microsoft operating systems and
applications software. Claim forms may also be obtained immediately online at
http://www.microsoftcalsettlement.com or by calling 1-800-960-5660.
In his 31-page order, Judge Alvarado also dismissed all of the objections
raised to the settlement, which was announced in 2003. Calling the antitrust
litigation brought by Townsend and Townsend and Crew on behalf of 14 million
California consumers “an unprecedented case in many ways,” Judge Alvarado
stated that the Court was presented with “daunting legal issues and damage
issues.” He also noted that:
* “There were great risks that were incurred by plaintiffs in this
litigation.”
* “The settlement was done for the benefit of the Class and will benefit
the Class.
* “The settlement was achieved as a result of a tremendous effort by both
parties.”
* “Both parties engaged in a great amount of law and motion practice, and
made a tremendous effort to thoroughly prepare for trial before agreeing
upon the terms of the settlement.”
San Francisco attorney Richard Grossman, whose firm Townsend and Townsend
and Crew was the lead partner in the class action case against Microsoft,
hailed the Superior Court’s ruling and urged class members to continue filing
their claims. “It’s easy to fill out a simple claim form and mail it to get
their share,” Grossman said. “California consumers and companies doing
business in the state are realizing the significant benefits achieved under
this settlement as we have received more than 600,000 claims so far with
thousands more pouring in from across the state every week,” Grossman added.
The $1.1 billion settlement averages refunds of more than 22 percent of
the money that businesses and consumers spent on key Microsoft products during
a seven-year period. Those eligible for the refund include consumers and
businesses that purchased Microsoft operating systems or specified
applications software — either pre-installed on a computer or bought
separately — between February 18, 1995 and December 15, 2001 for use in
California.
Originally founded in the 1860s and operating under the Townsend name
since 1906, Townsend and Townsend and Crew LLP focuses on complex business
litigation, antitrust disputes and intellectual property law, teaming with
businesses, inventors, entrepreneurs, scientists and investors to protect
their innovative products and ideas. With offices in San Diego,
San Francisco, Palo Alto, Walnut Creek, Denver and Seattle, Townsend has more
than 150 attorneys, many of whom have advanced technical degrees and extensive
scientific and business experience.