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MS and DoJ agree schedule for Supreme Court

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MS on Trial The DoJ and Microsoft agreed a briefing schedule yesterday, and proposed it to the clerk of the Supreme Court in a letter from Seth Waxman, the DoJ's solicitor general, who will head up the case there.

Microsoft would file on 26 July, the DoJ reply would be by 15 August, and if Microsoft chose to reply, it would be by 22 August.

At least four of the justices will need to agree to hear the case, but in view of Judge Jackson's Order staying the conduct remedies, it must now be more likely that the Supremes will hear the case, although referring some issues to the Court of Appeals cannot be ruled out.

The basis of Microsoft's brief would almost certainly be that the appeal should be heard by the Court of Appeals. However, there is a danger that it would seem as though Microsoft was trying to escape the high court and this may divert its focus from protestations of innocence.

It is not known how quickly the Supremes might respond, but it is likely to take at least a month. Its first decision would be a procedural one as to whether it would hear the case, rather than the beginning of any resolution of the appeal. ®

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