The Appeals Court has already rejected the remedy proposed by the original district court judge, Thomas Penfield Jackson, which involved splitting the company in two. Judge Jackson has been removed from the case following public comments made that suggested he was biased against Bill Gates’ company.
The case will now be heard by Judge Colleen Kollar-Kotelly, chosen at random by computer from a list of 17 other district judges. The appointment has worried some legal experts in the US due to her lack of experience in business trials. Kollar-Kotelly is also said to have a reputation for aggressively pressing for out-of-court settlements.
The choice of judge on Friday came the same day that Microsoft released its new Windows XP operating system to PC manufacturers. Windows XP has been criticised for further exploiting Microsoft’s monopoly position, and its release to PC manufacturers could make the consumer release of Windows XP difficult to stop should Judge Kollar-Kotelly wish to do so.