Microsoft is pleading with the top court in the US, the Supreme Court, not to hear its appeal against the verdict that it broke antitrust laws.
In papers filed with the court on Thursday, the software giant said it wants the Supreme Court to order that the case not be fast-tracked to it, but rather the appeal go the customary route to the US Court of Appeals in the District of Columbia.
Microsoft said it wants to go to the lower court first because "the sheer number of issues raised by Microsoft's appeals makes this case completely unsuitable for direct appeal".
Lawyers representing the company said Microsoft is appealing a number of issues based on factual errors made in the original court case.
"Unlike the Courts of Appeals, which are charged with combing through voluminous trial records to resolve factual challenges, this court (the Supreme Court) is a court of law, not a court for correction of errors in fact finding," they said.
US law allows for appeals to be expedited, particularly when the case is expected to eventually end up in the Supreme Court. The US Department of Justice (DoJ) and the 19 states prosecuting Microsoft have argued that the case should go directly to the Supreme Court because it is of national economic importance.
Microsoft has previously claimed that the DoJ wants to bypass the Court of Appeals because that court has previously found in favour of the software giant and against trial judge Thomas Penfield Jackson in a hearing over Internet Explorer (IE).
The appeals judges set aside Judge Jackson's order that Microsoft must give computer manufacturers the choice of installing a version of Windows without the IE browser, saying that courts should not get involved in product design.
Microsoft is fighting for its very existence in this appeals process. Judge Jackson found for the prosecution back in April and ordered that the company be split into two. He suspended that remedy until the end of the appeals process.
The DoJ and the US states have until 15 August to file a response.
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