Within hours, the Court of Appeals, which experts suggest will be more sympathetic to Microsoft, ordered the two sides to file a proposed schedule by 2nd October or by 10th October if the two sides disagreed on a schedule. In June, the Appeals Court said that if it were to take the case, it would have its full bench consider the matter, rather than the usual panel of three judges. At this time, federal Judge Thomas Penfield Jackson had found Microsoft guilty of abusing its monopoly position in the operating system market and ordered that the company be split in two.
The sole dissenting Supreme Court Judge, Justice Stephen Breyer, said the case, “significantly affects an important sector of the economy – a sector characterised by rapid technological change. Speed may help create legal certainty.”
Some industry experts believe that the pace of technological change will make the case irrelevant before its resolution as new wireless internet devices challenge the dominance of the personal computer and the Windows operating system.
Microsoft’s Chief Executive Steve Ballmer said of the ruling: “We’re glad to have a chance to present [our position] to the appellate court,” but added that this was “just another procedural step in the process.”
The news helped Microsoft shares jump by 6% on Nasdaq.