“The U.S. Circuit Court of Appeals for the District of Columbia
Tuesday afternoon agreed to hear the software giant’s appeal of a
federal judge’s order to break up the company and levy severe
penalties on its business practices.”
“The appeals court’s move caps two days of legal wrangling
between the U.S. Department of Justice and Microsoft over which
court will hear the landmark case on appeal. Microsoft had withheld
filing a Notice of Appeal with the district court or the appeals
court, instead simply filing a motion to stay the judge’s remedy
order pending appeal….”
“Jackson Tuesday denied Microsoft’s stay motion “until such time
as a timely Notice of Appeal is filed.” Microsoft then promptly
filed its Notice of Appeal with the Court of Appeals and asked that
court to stay all the provisions of Jackson’s breakup order pending
resolution of the appeals process.”
“The appeals court responded to Microsoft’s request before
Judge Jackson could rule on the government’s request to employ the
federal Expediting Act and send the case directly to the Supreme
Court. Microsoft has had success arguing before the appeals court
in the past regarding a Jackson ruling against the
company.“