If the Supreme Court decides to take the case, one justice will also rule on Microsoft's request for a stay of the remedy order Judge Jackson imposed last week.
The brief Microsoft filed with the Appeals Court is its request for a stay of the remedy order Judge Jackson imposed last week, calling for a breakup of the company and restrictions on its conduct.
When a couple requested a remedy for a relative's bad knees, Mr. Mootoosamy asked questions — elderly or middle age? male or female?
In Canada, the Cellasene distributor was quickly swamped with requests for the herbal remedy.
Microsoft says it will not file its notice of appeal until Judge Jackson rules on its request for a stay of last week's remedy order.
This was because the crux of the matter was seen to be the operating-system monopoly: that, according to critics, is where competition is needed most.Recently the Department of Justice made its request to the court for remedies, based on the court's earlier ruling that Microsoft did indeed break the law (see article).
The brief does not offer a specific alternate timetable, but government officials have said the remedy phase could be completed within a few weeks and the company's request "for substantial delays should be denied".
By rejecting forthwith the government's improper request for structural relief, the Court will spare itself and the parties the burden of extended proceedings addressing a remedy that cannot be imposed here as a matter of law.
Microsoft has until May 10 to respond to the request, and a remedy hearing is scheduled for May 24.
"We intend to pursue all other remedies available to us, criminal and civil, until we get justice for Tony," Dr. David C. Schiffman, Mr. Ferro's stepfather, said in an e-mail response to a request for an interview.
