The appeals court hearing Microsoft's antitrust appeal gave the company something it didn't ask for--another crack at U.S. District Judge Thomas Penfield Jackson.

In a scheduling order issued Tuesday afternoon, the Court of Appeals included time during oral arguments to address Jackson's courtroom procedures and post-trial comments. Neither side--Microsoft or the Justice Department and 19 states--had requested time to discuss Jackson in their legal brief filed Friday. Andy Gavil, an antitrust professor at Howard University Law School, said the appeals court's action indicates Microsoft's attack on Jackson resonated with some of the jurists. In briefs filed during its appeal, Microsoft relentlessly attacked Jackson's credibility, using statements he made following the trial's close to question his credibility and handling of the case and to infer bias. Legal experts already had warned that Jackson's ongoing comments about the case--some of which were leveled at the Court of Appeals--had undermined the government's victory. They also warned that no matter what the outcome of the appeal, Jackson would likely be removed from the case should any portion be sent back to the District Court. The U.S. Court of Appeals for the District Columbia Circuit will hear oral arguments in the case on Feb. 26 and 27. Besides adding 30 minutes per side to address Jackson, the court significantly bumped up the time allotment in other areas.