It is stated also, in the Court's press release:
"The Court considers, first, that, taking account of the pricing principles drawn up by Microsoft and the Commission, Microsoft was in a position to assess whether the remuneration rates it was seeking up to 21 October 2007 for granting access to the interoperability information were reasonable for the purposes of the 2004 decision.
Second, the Court holds that the criterion relating to the innovative character of the technologies in question – which was used by the Commission in the assessment of the reasonableness of Microsoft’s remuneration rates – gives an indication of whether those rates reflect the intrinsic value of a technology rather than its strategic value, namely the value stemming from the mere ability to interoperate with Microsoft’s operating systems.
In that regard, third, the Commission is entitled to assess those technologies’ innovative character by reference to its constituent elements, namely novelty and inventive step, Microsoft in any event not having argued that the inventiveness of the technologies at issue cannot be assessed in a context other than that of a patent grant. The effect, in the context of this case, of assessing the innovative character of the technologies covered by the contested decision by reference to novelty and inventive step is not to extinguish generally the value of intellectual property rights, trade secrets or other confidential information, let alone make innovative character a precondition for a product or information to be covered by such a right or to constitute a trade secret in general. The sole purpose of such an assessment is to preclude, as required by the 2004 decision, any remuneration received by Microsoft from reflecting the strategic value of the interoperability information.
Furthermore, the Court considers that Microsoft has failed to invalidate the Commission’s assessment that 166 of the 173 technologies relating to the interoperability information were not innovative."
See also the Commission's press release and Joaquín Almunia's statement.