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NOVELL, INCORPORATED v. MICROSOFT CORPORATION

No. 10-1482.

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

United States Court of Appeals, Fourth Circuit.

Decided: May 3, 2011.

Attorney(s) appearing for the Case

ARGUED: Charles J. Cooper , COOPER & KIRK, PLLC, Washington, D.C., for Appellant.

David Bruce Tulchin , SULLIVAN & CROMWELL, New York, New York, for Appellee.

ON BRIEF: Jeffrey M. Johnson , David L. Engelhardt , DICKSTEIN SHAPIRO LLP, Washington, D.C.; R. Bruce Holcomb , ADAMS HOLCOMB LLP, Washington, D.C.; David H. Thompson , Howard C. Nielson, Jr. , David Lehn , COOPER & KIRK, PLLC, Washington, D.C., for Appellant.

Richard J. Wallis , Steven J. Aeschbacher , MICROSOFT CORPORATION, Redmond, Washington; Steven L. Holley , SULLIVAN & CROMWELL, New York, New York; G. Stewart Webb , VENABLE LLP, Baltimore, Maryland, for Appellee.

Reversed and remanded by unpublished opinion. Judge Duncan wrote the majority opinion, in which Judge Shedd joined. Senior Judge Hamilton wrote a dissenting opinion.

Unpublished opinions are not binding precedent in this circuit.

DUNCAN, Circuit Judge

This appeal arises out of the district court's grant of summary judgment in favor of Microsoft Corp. ("Microsoft") in an action against it by software company Novell, Inc. ("Novell"). Although the underlying lawsuit involves complex issues of antitrust law, the primary question before us is one of contract interpretation: whether a 1996 contract between Novell...

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