Microsoft handed advantage in Vista Capable case

 

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By Stuart Turton

Posted on 19 Feb 2009 at 10:51

A judge has ruled that the lawsuit over Microsoft's "Vista Capable" marketing campaign does not qualify as a class-action suit.

The software giant is being sued in the US by plaintiffs who claim the company "unjustly enriched" itself by using Vista Capable stickers to sell PCs that weren't suitable for Vista Home Premium or Ultimate editions.

A class-action lawsuit allows multiple plaintiffs to present their cases together, offering individuals access to greater legal resources and more lucrative payouts if the court finds in their favour.

Microsoft moved to have the case decertified as a class-action suit last year, fearing that up to 10,000 Vista customers may have joined had it proceeded. In response, US District Court Judge Marsha Pechman tasked the plaintiffs with proving that the marketing program had inflated the price of the PCs they had purchased.

However, she has now ruled that the plaintiffs failed to separate any impact the marketing program had on PC prices from other factors such as holiday sales.

"Absent evidence of class-wide price inflation, plaintiffs cannot demonstrate that common questions predominate over individual considerations," she writes in her ruling.

Though the verdict does not represent an outright victory for Microsoft, it forces the plaintiffs to present their cases individually, drawing them into a lengthy and costly legal battle that legal teams may no longer deem worthy of their time.

"We're pleased that the court granted our motion to decertify the class, leaving only the claims of six individuals," says Microsoft. "We look forward to presenting our case to the jury, should the plaintiffs elect to pursue their individual claims."

Microsoft also moved to have the suit dismissed outright, something Pechman denied. Lawyers for the plaintiffs say they are reviewing their case.