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Microsoft appeals for Sendo lawsuit dismissal

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CIOL Bureau
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SEATTLE: Microsoft Corp. has asked a federal judge to dismiss a lawsuit by British cellphone maker Sendo, saying there was no basis to Sendo's charges that it stole technical know-how and pushed it to the brink of bankruptcy.



Microsoft has said in papers filed in the federal court in Texas that its one-time partner Sendo had "consistently failed to meet its contractual obligations to design and develop" a now-scrapped multimedia phone by the agreed deadlines.

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"It is unfortunate that this relationship has resulted in this litigation but we believe that we have acted in good faith and will be vindicated through the legal process," a spokesman for Microsoft said.



Sendo, which filed suit against Microsoft after the launch of their jointly-developed "Z100" multimedia phone was called off, had charged that the world's largest software maker had not supplied software for the phone in a timely manner.

The small British cellphone maker was Microsoft's key partner in launching a phone based on its Windows computer operating software, but Sendo announced in November it had abandoned Microsoft's software and would instead use software from Finland's Nokia.

Microsoft said in its counterclaims that the failure of the project was due to various breaches of contract, as well the British company's "fraudulent course of conduct in repeatedly misleading Microsoft as to Sendo's financial situation, Sendo's progress in designing and developing the Z100, and Sendo's commitment to that project."

In documents submitted to the court, Microsoft said it had received an unsolicited report from a Sendo employee describing Sendo's efforts to make the Z100 phone as a "runaway train," with management determined to release an unstable and unreliable product.

© Reuters

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