On February 3, 2003, the appellate court granted Microsoft's request for a stay pending appeal in the copyright infringement and Java-Must-Carry motions for preliminary injunction that the U.S. District Court decided on December 23, 2002. Therefore, the injunctions will not go into effect until they are upheld on appeal. Microsoft has appealed the District Court's decision, and Sun and Microsoft have jointly requested an expedited briefing schedule for the appeal. Briefs will be filed shortly, and both sides will be ready to present to the appellate court when it sits together during the last week of March, 2003. However, at this time a hearing has not been formally scheduled.

"We regret the 4th Circuit Court's decision," said Lee Patch, Vice President, Legal Affairs, Sun. "The preliminary injunctions granted by the District Court will benefit consumers and the Java [technology] Community's developers, enterprises and system vendors. We will work actively to ensure that the earliest possible date is set for the appellate hearing. We look forward to demonstrating the merits of District Court's decision when the appeal is heard."

The two-page appellate court order regarding the motion for stay is available via pdf:

http://www.sun.com/lawsuit/20257.pdf

Additional background on the case is available from the Sun Web page:

http://www.sun.com/lawsuit [...read more...]

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