Updated assessment: Judge Corley's doubts about the equitable part strongly suggests that the FTC is not going to get to kill a vertical merger here based on speculation. The court may agree with parts of the cloud theory, but the FTC has to overcome multiple hurdles.
— Florian Mueller (@FOSSpatents) June 30, 2023
🧵162/X
Argument finished. Tomorrow at this time (5 PM) deadline for proposed findings of fact and conclusion of law under seal. By Monday at noon submit joint appendix of exhibits admitted.
— Florian Mueller (@FOSSpatents) June 30, 2023
So decision not likely on Monday I think.
FTC asks about public version of filings.
🧵164/X
Judge Corley will file her order under seal. Parties will then propose redactions. Knows someone may very well appeal.
— Florian Mueller (@FOSSpatents) June 30, 2023
Judge says parties did extraordinary advocacy, recognizes tight deadlines.
🧵166/X
Judge recognizes that FTC managed to keep up despite not having same resources as Microsoft.
— Florian Mueller (@FOSSpatents) June 30, 2023
Also appreciated that many different attorneys on both sides were allowed to examine the witnesses.
So I'll do a Twitter Space later, like in 1.5 hours or so.
🧵167/167