Microsoft has accused Microsoft trial judge Thomas Penfield Jackson of misconduct, for talking to the press.
In an interview with the Financial Times, Jackson said that he’d considered breaking Microsoft into three parts, not two, but was talked out of it by the Department of Justice, which said the move would be too drastic.
Jackson is also quoted in the article as saying that that Bill Gates "is an ingenious engineer but I don’t think that he is that adept at business ethics".
Jackson added: "He has not yet come to realise things he did [when Microsoft was smaller] he should not have done when it became a monopoly."
Microsoft plans to argue that Judge Jackson's comments violate conduct rules and is grounds both for his dismissal from the case and for the reversal of his order.
While insisting his comments coincided with federal codes of conduct, Jackson conceded he could be thrown off the case by the appeals court.
"They found a way to disqualify Sporkin - they may find a way to disqualify me" Jackson said, referring to the dismissal of Stanley Sporkin, the first district court judge assigned to the case.
Jackson's proposed remedies for tackling Microsoft's abuse of monopoly power are suspended, pending appeal. The DoJ's failure to get the appeal heard directly by the Supreme Court means the appeal will be a long one.
Jackson also told the Financial Times that is now "well en route to another monopoly".