Microsoft moves to quash 'Vista Capable' case

a way to quantify the impact of the Vista Capable program on PC prices in the run-up to Vista.

"Dr. Leffler admitted that he cannot develop a model that would quantify the price inflation, if any, that supposedly affected the class, much less do so across the entire class period," the motion said. "That fact, standing alone, mandates decertification."

Microsoft crafted the Vista Capable program to keep sales of PCs from flagging as the new OS's release loomed. A message by a Microsoft director working on the campaign made it clear that was the top priority. "The primary goal of Ready PC [ an earlier name for what would be recast as Vista Capable -- Ed. ] is to limit stall of XP PC sales as we continue to build Vista buzz," said Rajesh Srinivasan in October 2005. "We believe [the program requirements] strike a balance between limiting impact on XP PC sales, ensuring OEM support and participation in the program and providing a good customer experience after Vista upgrade."

The lawsuit, which began in April 2007, has become best-known as the source for hundreds of Microsoft e-mails that have been made public by the court. Earlier disclosures showed that Microsoft relaxed the requirements of Vista Capable to accommodate Intel, a decision that then enraged HP, and that company managers feared comparisons between Vista and Apple Inc.'s Mac OS X more than a year before Vista went public.

The case is currently set to start trial next April.