Microsoft explained its view of the issue, stating:
“The severity of the remedy imposed and the significance of the case to the nation’s economy make it more important – not less – that these appeals proceed through intermediate appellate review in the normal course.”
US federal law provides that large anti-trust cases can bypass the appeals court and proceed directly to the Supreme Court. However, Microsoft argues that an appeal court’s powers would enable it to look at all aspects of the case in greater depth than the Supreme Court could.
The final decision as to the court in which the next stage of the case will be heard is expected to be taken by nine justices of the Supreme Court no earlier than September.