Microsoft's attempt to have the antitrust case brought against it by Caldera has been struck down by the judge overseeing the case. Caldera inherited the case when it bought former Microsoft rival Digital Research a few years ago: Digital Research claimed that Microsoft bundled DOS and Windows together in Windows 95 to shut out its DOS competitor, DR-DOS. The case is set to go to trial in January.

Judge Dee Benson disagreed with Microsoft's request for dismissal, stating that Microsoft's actions could very well form an illegal pattern of behavior. The judge also warned Microsoft against grandstanding in court.

Caldera is seeking $1 billion in damages, which Microsoft sarcastically says should cover the $400 million price the company paid for Digital Research