On Tuesday, Microsoft asked the Supreme Court to consider an appeal in the case, arguing that a federal judge's comments to reporters before rendering his decision warrants throwing it out. The Redmond, Wash.-based company also asked the U.S. Court of Appeals for the District of Columbia Circuit to stay the mandate that would return the case to a lower court for further proceedings.
But in a scathing 9-page legal brief filed Friday, the Justice Department and 18 states asked the appeals court to reject that request and allow proceedings to continue while the Supreme Court decides whether to hear Microsoft's appeal. In opposing the delay, government lawyers also emphasized the importance of the upcoming launch of Windows XP, making it clear the new operating system's competitive aspects would be explored when the case moves forward.
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