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The government side in the Microsoft antitrust lawsuit filed a motion Friday with a federal appeals court asking it to send the case to a new district court judge immediately. The motion is no surprise given that a June 28 ruling by the U.S. Court of Appeals for the District of Columbia Circuit was about as favorable as the government side could have hoped. The government camp, which includes the Justice Department and the attorneys general of 18 states and the District of Columbia, said it won’t ask the appeals court to reconsider the ruling, nor will it request a U.S. Supreme Court review now. The filing comes one day after New Mexico dropped out of the case and two days after Microsoft announced that it will allow computer makers to make some modifications to its forthcoming Windows XP operating system. The appeals court upheld U.S. District Judge Thomas Penfield Jackson’s rulings that Microsoft holds monopoly power in Intel-compatible PC operating systems and that it acted illegally to preserve that monopoly. The court reversed Jackson’s finding that the company illegally attempted to monopolize the Web browser market, and it vacated Jackson’s ruling that Microsoft illegally tied its Internet Explorer Web browser to Windows. The appellate court also voided Jackson’s June 2000 order that split the company in two and said it will send the case down to a new district judge for further proceedings on the tying issue and a remedy. “Microsoft’s operating system affects millions of businesses and hundreds of millions of consumers worldwide,” the government said in Friday’s filing. “Delay in imposing an effective remedy inflicts substantial and widespread consumer injury and needlessly prolongs uncertainty in the computer industry.” Government officials have declined to say whether they will pursue a legal injunction against Windows XP. Microsoft has declined to comment on whether it will appeal the June 28 ruling to the Supreme Court. Both sides have declined to comment on settlement talks, which are likely under way or soon to commence. After the June 28 ruling, both sides had as many as 45 days to ask the appeals court to reconsider its opinion before the case was sent back to the district court, and 90 days to appeal to the Supreme Court. Microsoft has 10 days to respond to Friday’s government filing. “We share the goal of trying to get the remaining issues in this case resolved as quickly as possible,” said Microsoft spokesman Jim Desler. “This is a long and complex ruling, and we intend to move forward promptly.” Related Articles from The Industry Standard: Microsoft’s New Mexican Fiesta New Mexico Settles With Microsoft Comcast Faces an Uphill Battle Copyright � 2001 The Industry Standard

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