NOVELL, INC. v. MICROSOFT CORP.

No. 12-4143.

731 F.3d 1064 (2013)

NOVELL, INC., Plaintiff-Appellant, v. MICROSOFT CORPORATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 23, 2013.


Attorney(s) appearing for the Case

David Boies of Boies, Schiller & Flexner LLP, Armonk, N.Y. ( Stuart H. Singer and Samuel C. Kaplan of Boies, Schiller & Flexner LLP, Ft. Lauderdale, FL, and Washington, D.C.; Jeffrey M. Johnson , James R. Martin , and Miriam R. Vishio of Dickstein Shapiro LLP, Washington, D.C.; Max D. Wheeler and Maralyn M. English of Snow, Christensen & Martineau, Salt Lake City, UT; and R. Bruce Holcomb of Adams Holcomb LLP, Washington, D.C., with him on the briefs), for Plaintiff-Appellant.

David B. Tulchin of Sullivan & Cromwell LLP, New York, N.Y. ( Steven L. Holley , Sharon L. Nelles , and Adam S. Paris of Sullivan & Cromwell; James S. Jardine of Ray Quinney & Nebeker, P.C., Salt Lake City, UT; and Steven J. Aeschbacher of Microsoft Corporation, Redmond, Washington with him on the brief), for Defendant-Appellee.

Before KELLY, GORSUCH, and HOLMES, Circuit Judges.


GORSUCH, Circuit Judge.

A straggler of a case, this one drags us back twenty years. To a time before the dot-com boom busted and boomed again, a time when Microsoft was busy amassing a virtual empire — if sometimes in violation of the antitrust laws. Long since found liable for a rich diversity of antitrust misdeeds in the 1990s, this case calls on us to decide whether Microsoft back then committed still another, as-yet undetected antitrust violation —...

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