Last month, US District Court Judge J. Frederick Motz granted, following Sun's request, a temporary order requiring Microsoft to start incorporating the latest version of Java's virtual machine, a piece of code needed for a PC to run software written in Java.
Sun had filed an antitrust suit against Microsoft, after the software giant decided to drop Sun's Java Virtual Machine (JVM) from its flagship Windows XP product. Sun claimed that Microsoft used its dominant position in the market for operating systems to sidetrack Java, in breach of antitrust laws.
The order granted to Sun would have obliged Microsoft to include Sun's JVM until the antitrust case itself was decided.
Following the ruling, the two companies submitted a joint plan outlining how Microsoft would comply with the order within 120 days. According to that plan, Microsoft would make Sun's software available through downloads, CDs and updates.
Microsoft, however, appealed the order. The US Court of Appeals for the Fourth Circuit yesterday did not examine the facts of the appeal, but agreed to stay the order until it hears that appeal in the last week of March. The court did not explain the reasons behind its decision.
Microsoft, which had characterised Motz's order as "extreme and unprecedented", reportedly welcomed the temporary stay. Sun, on the other hand, said it "regrets" the decision, and plans to "work actively " to ensure the "earliest possible date" for the appeal hearing.