Gates to Take Witness Stand in States' Case on Microsoft "In a real sense, he's been the shadow defendant all along," Andrew Gavil, an antitrust law professor at Howard University, said of Mr. Gates. "Things are not tilting decidedly one way or another right now. If the judge is going to be persuaded that the states' remedies are unnecessary and would be damaging, he has to make that case, and he has to make it persuasively."