Microsoft has asked a federal court to grant the company "plenty of time" in which to construct its appeal against Judge Thomas Penfield Jackson’s decision to split Microsoft into two for its monopolistic practices.
Microsoft filed the appeal schedule request with the US Court of Appeals a week after the US Supreme Court decided that it would not hear the antitrust case, choosing to have it go through the traditional appeals channel. In its filing, Microsoft said that it wants to heavily illustrate the errors it believes were made in its case before Judge Jackson.
On June 7, Jackson ordered that Microsoft be split into two companies: an applications company and one focused on operating systems.
Longer Microsoft's principal brief could be between 150 pages and 170 pages long, said spokesman Jim Cullinan. A typical principal brief in an appeals case will number about 50 pages, he suggested.
Cullinan said: "We are challenging every aspect of this judgement. We leave nothing untouched as far as the appeal. This is not your average case."
Response The US Department of Justice (DOJ) will respond to Microsoft's appeal schedule filing tomorrow. Then, on Tuesday, October 10, Microsoft will reply again and wait for the court's decision on the appeal schedule.
Microsoft asked the court in its scheduling document for 60 days for both parties to file principal briefs. Microsoft would then receive 30 days to file its reply brief, potentially in the range of 65 pages of arguments. Finally, both parties will get 90 minutes or more each for oral arguments.
The DOJ and 19 state attorneys general successfully sued Microsoft, contending the company has used its operating-system monopoly to try to dominate other markets, notably Internet browsers, and to thwart competition.