But Vinje doubts that the European Court of First Instance, the EU's second highest tribunal to which Intel is lodging its appeal, will take that allegation.

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On Wednesday, judges at the European Court of First Instance said the fact Germans said "vest" and not "west" did not lessen the confusion with the merchandise of a pop group many would know as "Vestlife".

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Schneider also took the case up with the European Court of First Instance, which ruled Wednesday that the company should be paid back for two-thirds of its losses brought on by the delay in its EU-ordered divestiture.

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"The fact that he said this is a pretty clear sign that there's a worrying division which is opening up between Europe and the U.S. on this matter, " said Alec Burnside, a legal adviser to software association CompTIA, which supported Microsoft in the European Court of First Instance.

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"We will not appeal the Court of First Instance's decision to the European Court of Justice and will continue to work closely with the commission and the industry to ensure a flourishing and competitive environment for information technology in Europe and around the world, " Microsoft said in a press release on Monday morning.

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Microsoft promptly lodged an appeal with the EU's Court of First Instance (CFI), which on September 17th upheld the European Commission's 2004 decision.

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