Appeals Court Sets Timetable for Case

The U.S. Court of Appeals for the District of Columbia Circuit on Wednesday issued a schedule for briefs and arguments in Microsoft's appeal of the antitrust ruling it lost in U.S. District Court.

The schedule calls for the company to file its initial brief in 47 days, on Nov. 27, the court said in an order. The court placed a limit of 150 pages on the document and said any supporting briefs must be filed the same day.

The U.S. Department of Justice (DOJ) will have until Jan. 12 to file its 125-page brief. The deadline is the same for U.S. states to file their briefs and for any supporting briefs. Microsoft will have an opportunity to reply to the government's brief 17 days later, on Jan. 29. The date set for final briefs is Feb. 9. The court set Feb. 26 and 27 as the dates for oral arguments.

Microsoft had asked for 60 days to file its brief and 30 days to file a response to the government's brief. The DOJ objected to those time allotments, saying they were too long.

The case was sent to the appellate court last month after the U.S. Supreme Court announced its decision to decline hearing Microsoft's appeal. The decision came after two months of arguments over what court should have jurisdiction over the software company's appeal. Microsoft contended it should go through the normal appeal process; the DOJ and 19 U.S. states that also sued the company wanted it to go directly to the Supreme Court.

Microsoft, in Redmond, Washington, can be reached at +1-425-882-8080 or The DOJ, in Washington, D.C., can be reached on the Internet at

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