Microsoft is fighting to keep Chief Executive Steve Ballmer from being deposed in the Vista Capable lawsuit.

A filing today outlines Microsoft's efforts to avoid the deposition and includes a statement by Ballmer, saying that he wasn't aware of the specifics of the Vista Capable program.

Ballmer said he delegated the program to two executives - Jim Allchin and Will Poole - who have both retired from Microsoft but are still being deposed in the case.

From Ballmer's statement in the filing:

"I was not involved in any of the operational decisions about the Windows Vista Capable program. I was not involved in establishing the requirements computers must satisfy to qualify for the Windows Vista Capable program. I was not involved in formulating any market strategy or any public messaging surrounding the Windows Vista Capable program. To the best of my recollection, I do not have any unique knowledge of nor did I have any unique involvement in any decisions regarding the Windows Vista Capable program. All of my knowledge about those decisions came through other people at Microsoft, notably Jim Allchin, Microsoft's then-co-President, Platforms Products & Services, and Will Poole, Microsoft's then Senior Vice President, Windows Client Business.

"On a few occasions in 2006, I had brief discussions about technical requirements and timing for the Windows Vista Capable program with executives from Microsoft's business partners, including Intel Corporation. However, those dicussions took place at a very general level. Moreover, I simply relayed the concerns of Microsoft's business partners to members of Microsoft's management responsible for making the decisions regarding those technical requirements and timing, like Mr. Allchin and Mr. Poole. I did not direct Mr. Allchin or Mr. Poole to reach any particular business decisions in response to any such discussions."