Microsoft to reply to DOJ's Supreme Court request

Microsoft has asked the US District Court to grant it four days to reply to a request by the US Department of Justice (DOJ) that its antitrust case appeal be sent directly to the US Supreme Court for review.

Microsoft's short motion continues two days of intense back-and-forth in the case, as both sides argue over the potentially vital issue of which court will hear Microsoft's appeal.

The DOJ, arguing that a quick resolution to Microsoft's appeal is critical to the public interest, asked Judge Thomas Penfield Jackson late Tuesday to certify the case for direct appeal to the Supreme Court. The Supreme Court will decide for itself whether the case merits its attention.

Microsoft, meanwhile, has argued that the case should go before the US Court of Appeals. The software maker contends that Judge Jackson made a series of procedural and factual errors during the case, and that the appellate court is the most appropriate venue to resolve the matter.

The same appeals court has sided with Microsoft in two previous matters related to the case, and legal observers have said the court could again prove sympathetic to the software giant's arguments. Yesterday, the appeals court signalled its willingness to hear the case.

In its motion today, Microsoft said it will respond within four business days to the DOJ's request that the case be sent directly to the Supreme Court.

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