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Will Microsoft Survive Appeals Process?

Microsoft lawyers make a case for dismissal; U.S. District Court of Appeals judges also characterize Judge Jackson's opinion in antitrust case as biased.

Oral arguments in the two-day appeal of the antitrust case against Microsoft included pot shots by the U.S. Court of Appeals judges aimed at Judge Thomas Penfield Jackson's opinions and comments following his decision.

Microsoft lawyers argued for the decision to be vacated due to Jackson's apparent bias in his findings of fact and the comments he made to media organizations following the trial. A report from Peter Galli at eWeek.com said the justices were "visibly perturbed" by Judge Jackson's comments in the weeks following the decision, including Jackson's comparison of Microsoft to drug traffickers and street criminals. Microsoft's lawyers also argued for a possibility of a retrial.

Lawyers representing the 18 states and the government argued that Jackson's apparent bias developed as facts and events unfolded during the case, not due to a "pre-bias." They also argued that the judge should not be removed from the case moving forward.

The appeals judges did not indicate a time line for handing down a ruling.

Transcripts of the oral arguments are available on Microsoft's Web site at http://www.microsoft.com/presspass/legalnews.asp. You can read summaries of the arguments at the following links:

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