Microsoft Asks High Court to Let Case Go to Appeals

Microsoft Corp. urged the U.S. Supreme Court to step aside and let a federal appeals court decide whether the No. 1 software maker illegally defended its Windows monopoly and should be split in two.

It would be more appropriate, the company said, for the appeals court initially to examine what Microsoft called the numerous factual, legal and procedural errors committed during the 78-day trial by U.S. District Judge Thomas Penfield Jackson, who ordered the split.

If the company succeeds, the landmark state and federal antitrust cases would go before an appeals court that ruled in its favor in an earlier antitrust case and could delay imposition of restrictions Jackson placed on the company’s conduct.

The justices could announce before the end of August whether they will hear the case under a 1974 law that permits direct Supreme Court review of important antitrust cases.

Legal experts say it’s difficult to predict whether the high court will accept the case because there is scant precedent under the 26-year-old law. If the justices do jump in, arguments could come in December with a decision early next year.

Jackson found that Microsoft waged an illegal campaign to squelch competitive challenges to its Windows monopoly over personal computer operating software. He ordered the software giant split into a company that makes Windows and another that produces applications such as the popular Microsoft Office.

Jackson then granted a government request to send the company’s appeal directly to the Supreme Court.

Microsoft argued Wednesday that numerous legal and procedural errors by Jackson--including his refusal to hold more than a day of hearings on the government’s proposed breakup plan--amounted to a rush to judgment that should be slowed by a careful examination by the appeals court.