Microsoft opposes speedy trial

ITworld.com |  Government

Microsoft Corp. filed a motion today with the U.S. District Court of Appeals asking the court to deny a request by the U.S. Department of Justice to speed its antitrust case against the software maker to the trial court.

The DOJ and 18 state attorneys general asked the court on July 13 to send the case back to the trial court quickly, bypassing the typical 52-day period the appeals court has to move the case. The government also stated that it did not plan to ask for a rehearing at the appeals court level or with the Supreme Court.

Microsoft had 10 days to respond to the government filing, and on Friday requested that the Court "deny plaintiffs' motion for immediate issuance of the mandate." The filing also noted that Microsoft is still considering asking the Supreme Court to review the case.

On Wednesday, Microsoft filed its own petition with the appeals court to rehear a narrow portion of the case that has to do with a court decision that Microsoft illegally "commingled" its Internet Explorer software code with software code used for other purposes in certain files in the Windows 98 operating system.

The company argued that "critical evidence was overlooked -- or misinterpreted," by the appeals court.
A day later, the court ordered the government plaintiffs to respond to Microsoft's petition for rehearing on or before August 3. Microsoft said in Friday's filing that the court should investigate its appeals for a rehearing before it considers the motion from the government.

If Microsoft does decide to seek Supreme Court review of this or other issues in the case, it said it will file a motion within seven days of the appeals court's answer to its Wednesday motion.

Microsoft in Redmond, Washington, can be reached at +1-425-882-8080, or online at http://www.microsoft.com. The DOJ is on the Web at http://www.usdoj.gov.

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