In this BBC News article it seems that the Microsoft legal team are trying some backdoor methods of getting information. It also apears that a Boston judge has seen sense and told them that it would break EU Law to allow them to subpoena Novel in that way. It also apears that Sun Microsystems and Oracle were subject to this tactic too. IBM are also waiting to see if a New York judge will follow the trend that has been emerging.
Interesting tactics from MS, although it doesn't seem to be working for them; 3 lost and 1 pending so far.