The case was recently sent to a new district court judge, Colleen Kollar-Kotelly, following criticism by the Appeals Court of Judge Jackson’s comments about the case which Jackson made to journalists before announcing his findings and proposed remedy. The Appeals Court charged Judge Kollar-Kotelly with deciding certain questions of law and proposing a new remedy. The Department of Justice recently indicated that it no longer wanted the remedy to be a break-up of Microsoft, the original remedy that had been supported by Judge Jackson.
Microsoft is arguing to the Supreme Court that the Appeals Court did not go far enough in throwing out Jackson’s remedy. It argues that the Appeals Court should have thrown out his entire verdict, essentially necessitating a re-trial. The Department of Justice disagrees.
The Department of Justice and Microsoft are tomorrow due to address Judge Kollar-Kotelly on outstanding issues to be followed by a hearing next week.