Judge speeds Microsoft appeal

Judge Jackson wants a speedy appeal

Judge Thomas Penfield Jackson has requested that the US Supreme Court hear Microsoft's appeal.

The move is a blow to Microsoft's hopes that its appeal be heard by the Court of Appeals first, delaying a final judgement.

The judge also granted Microsoft its request to delay some of the remedies - to change its business conduct - until the appeal has been heard. These had been set to take effect from 5 September.

Since the judge ruled on 7 June that the company should be split up, both sides have sought to have the appeal heard before the court of their choice.

Appeal court squabble

The Justice Department has been pressing for the appeal to be heard by the Supreme Court. While this is unusual, it is a path sometimes adopted in major anti-trust cases.

The Department welcomed the Judge's decision late on Tuesday. It said that it had told him that "this is an appropriate case to go directly to the Supreme Court... because of its importance to the American economy and to all consumers."

It added that his ruling delaying the penalties made it all the more important for the Supreme Court to hear the appeal directly and quickly.

The Court of Appeals has made clear it is willing to hear the case, but has said it will stand aside if the Supreme Court agrees to take on the case directly.

Even though Judge Jackson has requested that it hear the case, the Supreme Court could reject it and recommend it is heard by the Court of Appeals first.

Microsoft comfort

This would suit Microsoft, as the US appeals court has found in favour of Microsoft in previous cases. It also draws out the appeals process, potentially delaying an eventual split.

"We believe that the facts and the law are on our side regardless of which court reviews this case," Microsoft spokesman Mark Murray said late on Tuesday.

"But given the numerous factual and procedural and legal errors we will be citing in our appeal, this is clearly a case that would benefit from the full appeals process," he added.

Microsoft can derive some comfort from the judge's decision to delay implementation of some of the remedies.

The judge had imposed restrictions on some of the Microsoft business practices found to be anti-competitive.

Shares of Microsoft rose $1.25 to $74.9 on Tuesday.