Judge Thomas Penfield Jackson, the judge who found Microsoft guilty of antitrust violations, has been sharply criticized by the US Court of Appeals for speaking with the press during the trial.
Many observers now believe Microsoft will win its appeal. "It is likely the decision will be reversed, and the Bush administration will not appeal", said Hillard Streling, an antitrust expert. He added: "A Supreme Court appeal still would occur because the states will carry the flag up the appellate ladder."
The seven-judge appeals panel voiced concerns over statements made by Jackson, and Microsoft lawyers argued that the judge exhibited bias against the company in subsequent press interviews.
The government built its case on Microsoft's integration of Internet Explorer with its Windows operating system, saying the combination of the two was an illegal "tying" because Microsoft attempted to preserve its monopoly in desktop operating systems in violation of US antitrust law. Jackson ultimately agreed with the government, issuing his conclusions of law in April, which said Microsoft had violated antitrust law.