This is legal masochism.
Still more legal filings next week will precede US District Judge Thomas Penfield Jackson's remedies ruling in the antitrust case against Microsoft.
Microsoft on Wednesday filed a lengthy response to the Department of Justice's second version of its proposed remedies, at the same time adding another document that called the request for a corporate breakup "extreme and unjustified." In the latter filing, Microsoft lawyers questioned the logistical viability of divestiture saying "When an injunction is so vague and ambiguous that it defies comprehension, it is void and unenforceable."
That prompted Jackson to request more briefs from both sides before he rules, possibly by the end of next week.
Next stop: DC Court of Appeals
The content of the filings isn't particular surprising -- it repeats the respective filer's position in the case. But don't think any of this has to do with swaying Jackson, said one antitrust expert.
"Microsoft understands the impossibility of changing Judge Jackson's mind," said Hillard Sterling, an attorney with Gordon and Glickson LLC. "But these types of filings are usually aimed at loading the record for appeal anyway. This is as much for the appellate court as it is for Judge Jackson."
The appeals process could take a year or more. When Microsoft appeals (as it has said it will do), the DOJ will request expedition of the case to the Supreme Court. If Jackson grants the request, the highest court in the land could either take the case immediately or send it back to the DC Court of Appeals.
If, as is expected, the Supreme Court returns the case to the DC Court of Appeals, it will be heard in front of three of the 12 Appeals Court judges.
Jackson will likely request interim relief while the appeals process goes on. The appellate court would then decide whether to apply interim relief or stay such a request.
When the DC Court of Appeals makes its ruling, the losing side will likely request a hearing in front of all 12 Appeals Court judges.
Pending that decision, the case would then move to the US Supreme Court for final consideration.
