1.   But he noted the breakup order rests heavily on the weaker tying claim.

2.   But it is not clear that it will, and walking away from the tying claim makes that less likely.

3.   Lawyers said a reversal on the tying claim would undermine the rationale for breaking up the company.

4.   Pursuing a liability determination on the tying claim would only prolong proceedings and delay the imposition of relief that would benefit consumers.

5.   Some antitrust experts say that there is scant chance that the Justice Department and states could prevail with a tying claim.

6.   The appellate court also rejected the tying claim and sent both issues to a new district judge for hearings.

7.   Pursuing the tying claim would only prolong the proceedings, the department said.