Microsoft has repeated its call for the US Supreme Court to reverse an appeals court ruling that the company violated antitrust laws.
It said that once again the case was tainted by misconduct of trial Judge Mr Thomas Penfield Jackson.
In a legal brief filed with the high court late yesterday, Microsoft attorneys said Judge Jackson's misconduct was so profound that it is difficult to imagine a case in which a new trial would be more appropriate.
Judge Jackson allegedly gave secret, out-of-court interviews to journalists before issuing his ruling in which he disparaged the company and compared its executives to common criminals.
The US Justice Department, in an August 31st brief, urged the high court to reject Microsoft's appeal and said the company's argument rests squarely on a mischaracterisation of the court of appeals's ruling.
The case has been returned by the appeals court to US District Court where a new judge is set to weigh what sanctions are appropriate to prevent future antitrust violations by Microsoft.
Judge Colleen Kollar-Kotelly has asked the government and the company for written reports on the remaining issues in the case by tomorrow.