The CFIT vs. VeriSign et. al. lawsuit had another day in court today. The defendants—VeriSign and ICANN had filed a motion to dismiss the suit.

The key point coming out of a hearing today (Friday, June 09, 2006) in front of U.S. District Court Judge Ronald Whyte in San Jose, California is that the arguments made by CFIT against the .com deal between ICANN and VeriSign will continue.

The judge said he will “reconsider” a tentative ruling he issued the night before with indicated he would dismiss the matter. He said he had not heard facts sufficient to support the claim of anti-trust injury. In the arguments made by CFIT lawyers today, those facts were reviewed, and led to the judge’s decision to continue.

There was one moment of some drama.

After lawyers for VeriSign and ICANN both argued that the 7 percent price increases without the need for justification would not be a violation of anti-trust law, Judge Whyte asked the lawyer for ICANN if it would be an anti-trust violation if VeriSign had been granted an annual 100 percent increase. The lawyer said, “no.” Other lawyers for other matters sitting in the audience seemed to shift uneasily.

So, what happens now? It is unclear when Judge Whyte will offer his final decision, likely within weeks not months, but ironically, the trial date for CFIT vs. VeriSign et. al., is set for next Fall, at about the same time the current .com registry agreement expires. Between now and then, as the case may move forward, the two sides will be engaged in discovery, preliminary motions and trial preparation.