While lawyers for the companies recently began a new round of settlement discussions, the two sides remain far apart.
Within 24 hours, News of the World began settlement discussions.
It is still unclear how the settlement discussions could forward that goal.
Microsoft has never offered to take such a step in settlement discussions with the government, according to people close to the talks.
"I really don't need to know what you all did in terms of settlement discussions."
His name, though, he said, was often "enough to cause the other side to initiate settlement discussions."
There is no body of similar trials to set the parameters for settlement discussions.
"The purpose of the settlement discussion is to establish the legitimate basis on which the service can continue," he said.
"Serious settlement discussions have been going on for several weeks," he said.
Even more important, the two sides hope settlement discussions can lead to agreement on a new labor contract.