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Microsoft reaches 1 6b settlement with sun

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   http://www.usatoday.com/tech/techinvestor/2004-04-02-sun-cuts-settles_x.htm

http://www.usatoday.com/tech/techinvestor/2004-04-02-sun-cuts-settles_x.htm

1.6B reasons help Sun kiss and make up with Microsoft
SAN JOSE, Calif. (AP) — Struggling server maker Sun Microsystems (SUNW) reached a sweeping, $1.6 billion settlement with Microsoft (MSFT) and said it plans to cooperate with its longtime nemesis, a company it had branded an unrepentant monopolist.
The surprise agreement was accompanied by an announcement by Sun that it is cutting 3,300 jobs and that its net loss for the fiscal third quarter will be wider than expected. The cuts represent 9% of its total workforce of more than 35,000.

The "broad cooperating agreement" with Microsoft ends Sun's $1 billion private antitrust suit against the software giant. Sun's complaints also sparked the investigation that led to the European Union's recent record fine against Microsoft.

"This agreement launches a new relationship between Sun and Microsoft — a significant step forward that allows for cooperation while preserving customer choice," said Scott McNealy, Sun's chief executive.

As part of the deal, Microsoft will pay Sun $700 million to resolve the antitrust case, which was scheduled to go to trial in January 2006, and $900 million to resolve patent issues. Sun and Microsoft also will pay royalties for each others' technologies.

"Our companies will continue to compete hard, but this agreement creates a new basis for cooperation that will benefit the customers of both companies," said Steve Ballmer, Microsoft's chief executive.

Sun, once a shining star of Silicon Valley, also said it expects revenue for the quarter ended March 28 to be approximately $2.65 billion. Net loss will be between $750 million and $810 million, or 23 cents to 25 cents a share.

Analysts polled by Thomson First Call were projecting a loss of 3 cents a share on revenue of $2.85 billion.

Sun also named software head Jonathan Schwartz as its president and chief operating officer, effective immediately. McNealy has been under pressure to name a replacement for Ed Zander, who stepped down as chief operating officer more than a year ago.

Contributing: Reuters


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Copyright 2004 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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