Statement of the Lawsuit
Sun Statement re: Motions for Stay Order (February 3, 2003)Today 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 (see www.sun.com/lawsuit for background). 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. Therefore, 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. The preliminary injunctions granted by the District Court will benefit consumers and the Java 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," said Lee Patch, Vice President, Legal Affairs, Sun Microsystems, Inc. | |
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