Nation's highest court won't hear Microsoft's antitrust case, but software company will pursue settlement at district level

The Supreme Court on Tuesday rejected Microsoft's request to hear an appeal of its antitrust case.

The Redmond, Washington-based software giant had appealed not on the merits of the case but because of comments that US District Judge Thomas Penfield Jackson had made to the media.

"We're disappointed that our petition is not one of the few the Supreme Court chose to review this term," said Microsoft spokesman Vivek Varma. "We will continue to move forward with the case at the District (Court) level and comply with the court's order to work in good faith with the government to settle the case."

Varma said that the company hopes the process will lead to a quick resolution of the remaining issues "in the interest of consumers, so we can do our part to keep the economy moving forward".

The Supreme Court's decision clears the way for settlement talks to continue between the Justice Department and 18 states on one side and Microsoft on the other, advancing the urgency of another deadline in the case.

US District Judge Colleen Kollar-Kotelly had given both sides until Friday to reach a settlement or show progress toward one. If they cannot come to terms, the judge said she would assign a mediator to the case in anticipation of reaching agreement by 2 November.

Kollar-Kotelly had asked the parties to negotiate seven days a week, 24 hours a day until that November deadline. If the two sides have not settled by that date, she will begin hearings on the matter in March.

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