Reply_Declaration_of_J_Paul_Armstrong_in_Support_of_Sun_Microsystems_Motions_for_Preliminary_Injunction_argued_9_10_1998.

35. Reply Declaration of J. Paul Armstrong in Support of Sun Microsystems,
Inc.'s Motions for Preliminary Injunction
Legal document in support of Sun's motion to be argued on September 10th,
1998.

I, J. Paul Armstrong declare:

1. I am over the age of 18 years and not a party to this action. I am employed as a Senior Paralegal by Day, Casebeer, Madrid, Winters & Batchelder, LLP, counsel for plaintiff Sun Microsystems, Inc. ("Sun").
2. I make this declaration in support of Sun's reply motion for a preliminary injunction under Business & Professions Code Section 17200 et. seq. against defendant Microsoft Corporation ("Microsoft"). I have personal knowledge of the facts contained in this declaration and, if called as a witness, could and would testify competently to the facts stated herein.
3. As a Senior Paralegal assigned to this matter, I am thoroughly familiar with the documents produced by both parties in the course of this litigation. Defendant Microsoft's document production utilizes an alpha-numeric "bates" labeling system, in which the letters "MSS" serve as a prefix, and a trailer of seven number places follows.
4. Attached hereto as Exhibit 1 is a true and correct copy of a Microsoft e-mail dated January 5, 1997 entitled "regaining industry leadership-some thoughts (not necessarily happy ones)" bearing the bates number(s) MSS 0049575-9.
5. Attached hereto as Exhibit 2 is a true and correct copy of a Microsoft e-mail dated November 4, 1996 entitled "Java Position" bearing the bates number(s) MSS 0026522-4.
6. Attached hereto as Exhibit 3 is a true and correct copy of a Microsoft e-mail dated November 4, 1996 entitled "Java Position" bearing the bates number(s) MSS 0010938-40.
7. Attached hereto as Exhibit 4 is a true and correct copy of a Microsoft e-mail dated March 21, 1997 bearing the bates number(s) MSS 0036491-2.
8. Attached hereto as Exhibit 5 is a true and correct copy of a Microsoft e-mail dated March 19, 1997 entitled "JNI Question" bearing the bates number(s) MSS 0455037.
9. Attached hereto as Exhibit 6 is a true and correct copy of a Microsoft e-mail from Ben Silvka to Bill Gates dated April 14, 1997 bearing the bates number(s) MSS 0036513.
10. Attached hereto as Exhibit 7 is a true and correct copy of a Microsoft e-mail from Ben Silvka dated January 23, 1997 entitled "'proposed' Microsoft API strategy slides" bearing the bates number(s) MSS 0168274-313.
11. Attached hereto as Exhibit 8 is a true and correct copy of a Microsoft e-mail from Andrew Layman dated February 27, 1997 entitled "Java strategy" bearing the bates number(s) MSS 0063329.
12. Attached hereto as Exhibit 9 is a true and correct copy of a Microsoft e-mail from David Cole dated July 29, 1997 entitled "New Java VM and crypto DLLs" bearing the bates number(s) MSS 0011951-52
13. Attached hereto as Exhibit 10 is a true and correct copy of a Microsoft e-mail from Ben Slivka dated June 10, 1997 entitled "I had a good talk with billg today" bearing the bates number(s) MSS 0011875-76.
14. Attached hereto as Exhibit 11 is a true and correct copy of a Microsoft e-mail from Peter Plamondon dated October 24, 1996 entitled "Hosting the Microsoft Java VM applet control" bearing the bates number(s) MSS 0006958-59.
15. Attached hereto as Exhibit 12 is a true and correct copy of a Microsoft e-mail from Ben Slivka dated April 18, 1997 entitled "amitech wants to redist jvc" bearing the bates number(s) MSS 0033011-13.
16. Attached hereto as Exhibit 13 is a true and correct copy of a Microsoft e-mail from
    Drew Fletcher dated November 19, 1997 entitled "JVC licensing update" bearing the bates number(s) MSS 0366861-62.
17. Attached hereto as Exhibit 14 is a true and correct copy of a Microsoft power point presentation entitled "Visual J++ 6.0 WFC" dated March 9, 1998 bearing the bates number(s) MSS 5029564-81.
18. Attached hereto as Exhibit 15 is a true and correct copy of a Microsoft limited-use software license agreement between Microsoft Corporation and Amitech Corp. dated June 27, 1997 bearing the bates number(s) MSS 5034287-90.
19. Attached hereto as Exhibit 16 is a true and correct copy of a Microsoft e-mail from Ben Slivka dated October 25, 1996 entitled "let's party on the Java language starting right now" bearing the bates number(s) MSS 0041018.
20. Attached hereto as Exhibit 17 is a true and correct copy of a Microsoft e-mail from Todd Nielsen dated January 22, 1997 entitled "Proposal: Java Language Coalition bearing the bates number(s) MSS 5028940-42.
21. Attached hereto as Exhibit 18 is a true and correct copy of a Microsoft e-mail from Paul Gross dated February 3, 1997 entitled "potential issue for Java Language meeting" bearing the bates number(s) MSS 0056495.
22. Attached hereto as Exhibit 19 is a true and correct copy of a Microsoft e-mail from Sara Williams dated February 16, 1997 entitled "2/7/97 meeting of interested Java tools vendors" bearing the bates number(s) MSS 138857-60.
23. Attached hereto as Exhibit 20 is a true and correct copy of a Microsoft e-mail from Russ Arun dated September 17, 1997 entitled "more questions about ADO in java" bearing the bates number(s) MSS 0097798-800.
24. Attached hereto as Exhibit 21 is a true and correct copy of a Microsoft e-mail from Mike Toutonghi dated November 20 1996 entitled "powersoft licens JVC?" bearing the bates number(s) MSS 0024513-514.
25. Attached hereto as Exhibit 22 is a limited use software license between Fujitsu and Microsoft Corporation dated October 15, 1997 bearing the bates number(s) MSS 5034291-5034295.
26. Attached hereto as Exhibit 23 are true and correct copies of selected pages from the deposition of Tracy Sharpe taken on May 13, 1998.
27. Attached hereto as Exhibit 24 are true and correct copies of selected pages from the deposition of Benjamin Slivka taken on August 13, 1998.
28. Attached hereto as Exhibit 25 are true and correct copies of selected pages from the deposition of Paul Gross taken on June 25, 1998.
29. Attached hereto as Exhibit 26 is a true and correct copy of a Microsoft e-mail from Joe Sirott dated November 21, 1997 entitled "seajug: More discussion of JNI" bearing the bates number(s) MSS 0477236.
30. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Signed this ___th day of August, 1998.

J. Paul Armstrong