It appears that US Circuit Judge Laurence Silberman decided to excuse himself from the panel that is set to hear Microsoft Corp’s appeal in its legal battle with the Justice Department – without any outside influence. Siberman voluntarily stepped down from the three-judge panel (CI No 3,371) on the grounds that his participation had violated certain ethical standards. In a letter from Silberman to lawyers involved in the case, which was seen by Reuters, Silberman quit because he is a trustee of a trust that holds Microsoft stock. Therefore he felt that, however small, he had a financial interest in the case that could be seen as a conflict of interest. Silberman was replaced on the panel by the more liberal – and potentially less sympathetic to Microsoft – Judge Patricia Wald. The panel is being asked to decide on Microsoft’s appeal of the court’s preliminary injunction, issued in December, which forbids the bundling of Internet Explorer with Windows (CI No 3,311). The judges will also decide on whether the court-appointed special master should be allowed to reassume the advisory role he was suspended from last month. Oral arguments in the case are due to be heard on April 21.
