By Darryl Taft,
A federal judge scheduled to hear the appeal in Microsoft's battle with the Justice Department has recused himself.
U.S. Circuit Judge Laurence Silberman recused himself from the three-judge panel scheduled to hear the Microsoft appeal. The reason for the recusal was not readily available, though sources close to the case said it appears to be a favorable move in light of the Justice Department.
Silberman was part of a three-judge panel that heard Microsoft's appeal of a 1995 consent decree ruling. In that instance, the appeals court overruled U.S. District Judge Stanley Sporkin's recommendation to reject the consent decree in favor of a more stringent decree.
Silberman, a conservative Republican appointed by President Reagan, was replaced Tuesday on the panel by Patricia Wald, a liberal Democrat appointed by former President Jimmy Carter.
The Justice Department would not comment on the recusal or on Judge Silberman's replacement. Microsoft could not be reached for comment.
Oral arguments on the appeal are scheduled for April 21.
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