MS/DOJ: Judge says stay ruling will wait for MS appeal

Microsoft will have to wait until it files its notice of appeal in the government's antitrust case against the software maker before a federal court will consider delaying the implementation of remedies in the matter, a federal judge ruled Tuesday.

US District Judge Thomas Penfield Jackson will delay any decision on the stay motion until the notice of appeal. Government attorneys requested just that from Jackson, in the hope that his stay ruling will be fast-tracked to the US Supreme Court, according to court documents filed Monday.

Microsoft attorneys on Tuesday countered with a brief asking Jackson to grant a stay immediately.

Microsoft has 60 days from June 7 to file a notice of appeal in the US Court of Appeals for the District of Columbia. Government attorneys must wait until Microsoft formally files its appeal before they can ask Jackson to send the case to the US Supreme Court.

The US Department of Justice (DOJ) and 19 state attorneys general successfully sued Microsoft on antitrust charges. Jackson has ruled that Microsoft be split in two and that behavioural remedies be imposed on the company.

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