That same appellate court will hear appeals in the ongoing case and Jackson's nod toward that higher court is recognition that he acknowledges the disagreement he had with them in the previous matter, said Robert Hauberg, a lawyer with the Washington, D.

CNN: Analysts: Ruling unlikely to change Microsoft

The fact that Jackson didn't rule down the line in favor of the U.S. government on every point in the antitrust case suggests he might be trying to nudge federal and state prosecutors "to sit down and be realistic" when it comes to arriving at remedies, Hauberg said.

CNN: Analysts: Ruling unlikely to change Microsoft