A US federal appeals court today rejected Microsoft’s request to re-examine part of its ruling in the landmark antitrust case against the company and also declined to speed the case back to a lower court, a move sought by the US government.
The decision leaves the case on schedule to have a portion reheard in US District Court no earlier than mid-August.
Microsoft had asked the US Court of Appeals for the District of Columbia on July 18th to re-hear a portion of the ruling that found the company illegally "co-mingled" computer code of its Internet Explorer browser and the Windows operating system to protect its monopoly power.
Opposing Microsoft, US government prosecutors had argued that the case should be moved quickly in the wake of a June 28th appeals court ruling that Microsoft abused its monopoly in the market for personal computer operating systems.
The appeals court decision to reject both motions today was unanimous.
Microsoft said in a statement that it remained "committed to moving forward promptly in the legal process and remained open to resolving the case as quickly as possible."
A new district court judge will re-examine whether Microsoft illegally tied its Internet Explorer browser into the Windows operating system and will consider what remedies should apply to prevent future violations of antitrust law.
Microsoft executives have repeatedly said they want to move the case quickly. They have also said they are interested in reaching a settlement with the US government and states that have pursued the case.
However, some antitrust experts have said Microsoft's request for a re-hearing may have been aimed at delaying the case so sanctions won't be imposed by the courts until after Microsoft rolls out its new Windows XP operating system, which is scheduled for release in October.
Shares in Microsoft were up 43 cents to $66.90 in mid-morning trading on the Nasdaq.