The judge in the US Vista Capable legal battle has thrown out a motion for a partial summary judgement, saying that there was insufficient evidence to prove that Microsoft had acted to deliberate mislead customers.
The decision by US District Judge Marsha Pechman means that the case will now be decided by trial.
Only last month, the case had its class-action status removed when Pechman said it no longer warranted the classification.
Source: Channel Register