Within hours, the Court of Appeals, which experts suggest will
be more sympathetic to Microsoft, ordered the two sides to file a
proposed schedule by 2nd October or by 10th October if the two
sides disagreed on a schedule. In June, the Appeals Court said that
if it were to take the case, it would have its full bench consider
the matter, rather than the usual panel of three judges. At this
time, federal Judge Thomas Penfield Jackson had found Microsoft
guilty of abusing its monopoly position in the operating system
market and ordered that the company be split in two.
The sole dissenting Supreme Court Judge, Justice Stephen Breyer,
said the case, “significantly affects an important sector of the
economy – a sector characterised by rapid technological change.
Speed may help create legal certainty.”
Some industry experts believe that the pace of technological
change will make the case irrelevant before its resolution as new
wireless internet devices challenge the dominance of the personal
computer and the Windows operating system.
Microsoft’s Chief Executive Steve Ballmer said of the ruling:
“We’re glad to have a chance to present [our position] to the
appellate court,” but added that this was “just another procedural
step in the process.”
The news helped Microsoft shares jump by 6% on Nasdaq.
