In a filing with the US Supreme Court Wednesday, Microsoft continued its strike against the trial court judge who first ruled it an illegal monopoly last year.
The software company again asked the nation's highest court to review its landmark antitrust case, brought by the Department of Justice and 18 states.
The request was made on grounds that District Court Judge Thomas Penfield Jackson should have been disqualified from hearing the trial case due to comments he made to the press before issuing his ruling in June 2000. Microsoft first asked for its case to be reviewed by the Supreme Court on August 7.
Monopoly power Wednesday's filing asks the Supreme Court to immediately review a ruling by the US Court of Appeals for the District of Columbia, which upheld Jackson's ruling that Microsoft used its monopoly power in the desktop-operating-system market to squash competition in other markets.
Jackson was admonished by the Appeals Court in its July 28 ruling for comments he made to reporters from the New Yorker magazine and daily news publications. The panel of seven appellate judges said that Jackson violated the judicial code of conduct in his actions, because he appeared to show a bias. In that ruling, the Appeals Court overturned Jackson's remedy, which included splitting the company into two, and sent it back to a lower court under a new judge for a new remedy hearing.
Microsoft argues, however, that Jackson should have been disqualified at the time he violated the code of conduct, a move that would have vacated the district court's findings of fact and conclusions of law all together.