Appeals court rejects Microsoft rehearing bid

In a terse, two-sentence statement, the U.S. Court of Appeals in Washington Thursday rejected Microsoft Corp.'s request for a rehearing on part of the antitrust case ruling issued by the panel in late June. Thursday's decision puts the case on track to be handed over to a lower court by next Friday for consideration of possible remedies against the software vendor.

According to a court official, the appeals court now has seven days to send the case to a U.S. District Court trial judge, who will be randomly assigned to the matter by a computer. That will occur unless Microsoft decides to appeal the actions taken by the appellate court to the U.S. Supreme Court and asks the appeals panel to stay its rulings in the case, the official said.

Microsoft, in a brief filed last month, sought a rehearing on a relatively narrow section in the June 28 decision issued by the appeals court finding that the so-called "commingling" of Internet Explorer and Windows code violated antitrust laws. The appeals court said, in part, that such commingling "has an anticompetitive effect" on rival Web browsers.

The software vendor claimed in its rehearing petition that the appeals court either "overlooked or misinterpreted" evidence on that issue. Microsoft said the decision could be read "to suggest that [PC makers] should be given the option of removing the software code in Windows 98 ... that is specific to Web browsing" -- a notion that it wanted to quash.

The appeals court didn't address the issues raised in Microsoft's brief in today's rejection of the rehearing request. It said simply that the company's petition was being denied and added: "Nothing in the court's opinion is intended to preclude the District Court's consideration of remedy issues."

Join the PC World newsletter!

Error: Please check your email address.

Struggling for Christmas presents this year? Check out our Christmas Gift Guide for some top tech suggestions and more.

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Patrick Thibodeau

Computerworld

Most Popular Reviews

Follow Us

Best Deals on GoodGearGuide

Shopping.com

Latest News Articles

Resources

GGG Evaluation Team

Kathy Cassidy

STYLISTIC Q702

First impression on unpacking the Q702 test unit was the solid feel and clean, minimalist styling.

Anthony Grifoni

STYLISTIC Q572

For work use, Microsoft Word and Excel programs pre-installed on the device are adequate for preparing short documents.

Steph Mundell

LIFEBOOK UH574

The Fujitsu LifeBook UH574 allowed for great mobility without being obnoxiously heavy or clunky. Its twelve hours of battery life did not disappoint.

Andrew Mitsi

STYLISTIC Q702

The screen was particularly good. It is bright and visible from most angles, however heat is an issue, particularly around the Windows button on the front, and on the back where the battery housing is located.

Simon Harriott

STYLISTIC Q702

My first impression after unboxing the Q702 is that it is a nice looking unit. Styling is somewhat minimalist but very effective. The tablet part, once detached, has a nice weight, and no buttons or switches are located in awkward or intrusive positions.

Latest Jobs

Shopping.com

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?