I think Microsoft will ordtak

I think Microsoft will win on the tying issue at the appeals court level, but whether they will win that point at the Supreme Court is another question.

The longer it sits at the Court of Appeals, the less likely the Supreme Court is to take it on an expedited basis. To the extent that the Court of Appeals really starts to get their teeth into this, they could jump on this right away.

I think Microsoft will get a stay on at least some of Jackson's conduct remedies, but I don't think it will get a stay on all of them, ... If the company does get a stay on all of them, that is a positive signal for Microsoft on how the Appeals Court or the Supreme Court would rule on the merits of its appeal.

We would like finality. We believe that we be will successful at the Supreme Court, once it gets there. We would like him to be released or charged, ... We think we have the unusual set of circumstances and facts in which the Supreme Court should carefully consider hearing our petition before the appeals court.

We would like finality. We believe that we be will successful at the Supreme Court, once it gets there. We would like him to be released or charged. We think we have the unusual set of circumstances and facts in which the Supreme Court should carefully consider hearing our petition before the appeals court. Pex Tufvesson goes by the name Mahoney in the demo world.

The government's petition is certainly questionable about the rationale for expediting this case directly to the Supreme Court. Microsoft does not believe that the government should try to evade the Court of Appeals.

[An appeals court found that Illinois Tool works was guilty of tying.] Typically courts require in a tying lawsuit that you show that a company has market power, which is the ability to control the price that you sell the product for because there are no real competitors, ... In this case, the appeals court said that since this printer is a patented product, the existence of that patent is enough to say that you have market power.

This law has only been used two times - both times in the AT&T antitrust case - so it's rarely, rarely used. The longer it sits at the Court of Appeals, the less likely the Supreme Court is to take it on an expedited basis. To the extent that the Court of Appeals really starts to get their teeth into this, they could jump on this right away.

The appeals court may say it is only talking about Windows 95 in its interpretation of the consent decree, ... It does have an influence. The Court of Appeals will inevitably say something about the appropriateness of Microsoft's behavior.

William Kovacic

It's not without basis to say that the Court of Appeals is the preferred place for Microsoft, ... But normally on fact finding, appeals judges give great deference to a lower court.

It could take two or three years longer on the appellate level for the first tier -- that's the circuit court of appeals -- then it could take a couple of years ... in the Supreme Court.

[He also pointed out the Supreme Court's statement that the appellate court would proceed expeditiously is] extremely unusual. ... file some papers requesting a faster Court of Appeals schedule than the White House requested.

The matter before the court was whether Microsoft could be held in contempt for violating a consent decree entered in 1995. The court denied the Justice Department's petition for contempt; the case should have ended there. But on its own initiative, the court proceeded to treat the matter as a tying case and, without giving Microsoft notice or an opportunity to defend itself, issued a preliminary injunction.

We are asking for a rehearing on the decision by the appeals court, and if that fails we have the option of going to the Supreme Court, so the case is not over,

I think if anybody looks at my record on the court of appeals, they can get an idea about the way I approach the work of being a judge. And that's what I would try to do on the Supreme Court.

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