(February 5, 2003) - Microsoft won an important round this week, when the 4th U.S. Circuit Court of Appeals issued a stay on a court order requiring Microsoft to include Sun's Java software in Windows operating systems within 120 days. Microsoft had planed to comply with the first step of the injunction, which was to ship a version this month of Windows XP Service Pack 1 that doesn't include Microsoft's Java Virtual Machine.

"We're pleased the Fourth Circuit has stayed the order order and will hear our appeal on an expedited basis."" said Microsoft spokesman Jim Desler. "We believed all along it was appropriate that this matter be decided by the circuit court before we move forward with implementing the injunction." Desler continued, "We'll still have to decide whether we'll go ahead with SP1. How this impacts our plans, it's too early to tell."

"We regret the Fourth Circuit's decision," commented Lee Patch, Sun VP for legal affairs. "We will work actively to ensure that the earliest possible date is set for the appellate hearing."

No date has been set yet for the appeals court to review the case.