Microsoft Appeals Preliminary Injunction Ruling in Sun vs. Microsoft Contract Lawsuit

Microsoft Corporation has filed a notice of appeal with the Federal District Court in San Jose, California, in response to a preliminary injunction ruling made on November 17 in the Sun vs. Microsoft contract lawsuit. This move comes as Microsoft seeks to have the ruling overturned, citing its contractual right to improve and enhance Java technology for the Windows platform. Microsoft has maintained that its Java implementation is the fastest and most compatible in the marketplace, and that the preliminary injunction did not require it to remove any of the improvements it has made.

Key Takeaways:

• Microsoft has appealed the preliminary injunction ruling in the Sun vs. Microsoft contract lawsuit, filed a notice of appeal with the Federal District Court in San Jose, California, on December 16.
• The company has 28 days to file its appeal brief with the U.S. Court of Appeals for the Ninth Circuit in San Francisco.
• Microsoft asserts that its licensing contract with Sun Microsystems Inc. allows it to improve and enhance Java technology for the Windows platform.
• The company claims its Java implementation is the fastest and most compatible in the marketplace.
• Microsoft has developed a revised Java virtual machine, which complies with the Court's order, and made it available at http://www.microsoft.com/windows/ie/mach.htm.
• The revised Java virtual machine has already been made available to Windows customers.
• The appeal process will be heard by the U.S. Court of Appeals for the Ninth Circuit in San Francisco.

Statistics:

• Microsoft has 28 days to file its appeal brief with the U.S. Court of Appeals for the Ninth Circuit in San Francisco.
• The number of days allowed for Microsoft to file its appeal brief is based on the standard 28-day timeframe for filing an appeal.
• The preliminary injunction ruling was made on November 17.
• Microsoft has been operating as a software company since its establishment in 1975.

Sources:

• Microsoft Corp. and Microsoft are either registered trademarks or trademarks of Microsoft Corp. in the United States and/or other countries.
• Sun Microsystems Inc. is a corporation referenced in the Sun vs. Microsoft contract lawsuit.
• U.S. Court of Appeals for the Ninth Circuit