Microsoft's final witness, economist Richard Schmalensee, took the stand Monday as the company's historic antitrust trial grinds to a conclusion. Schmalensee, who warned Judge Thomas Penfield Jackson not to attempt to interpret Microsoft's actions as "predatory," found himself in the hot seat when Jackson repeatedly interrupted his testimony.

"Most economists would not attach high importance to intent," Schmalensee said.

"That's what courts do every day," Jackson interrupted. "I can see... why intent might be relevant... Juries are called to do this all the time."

Schmalensee will continue his testimony throughout the week. The DOJ will probably begin cross-examination on Wednesday