A Microsoft Press Release

Court Stays Final Judgment, Sends Microsoft Case to Supreme Court

WASHINGTON, D.C., June 20, 2000 -- U.S. District Court Judge Thomas Penfield Jackson today stayed all remedies that he outlined in his final judgment on June 7 in the government’s antitrust case against Microsoft, pending resolution of the entire appeal.

As expected, Judge Jackson also granted the government’s request that he certify the case for consideration by the U.S. Supreme Court. The Supreme Court has complete discretion over whether to accept the case, or to simply refer it to the normal appeals process starting with the U.S. Court of Appeals. Microsoft has argued that the large number of legal, factual and procedural issues that will be part of the appeal mean that the case clearly would benefit from review first by the Appeals Court.

“We're obviously very pleased that the District Court has rejected the government's arguments and decided to stay the entire judgment pending appeal,” said Microsoft spokesman Mark Murray. “This action will allow the appeal to go forward without unnecessary disruption to consumers and the high-tech industry, and we are confident that the final judgment will be reversed on appeal.”

Yesterday, the Appeals Court rejected a government argument that it lacked jurisdiction in the Microsoft case, and instead set a fast-paced schedule to consider Microsoft's motion to stay the lower-court order restricting its conduct until the company’s case could be reviewed on appeal. Judge Jackson’s ruling today eliminates the need for the Appeals Court to consider Microsoft’s motion for a stay.

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