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HOFFER v. MICROSOFT CORP.

No. 04-1103.

405 F.3d 1326 (2005)

Steven M. HOFFER, Plaintiff-Appellant, v. MICROSOFT CORPORATION, Defendant-Appellee, and International Business Machines Corporation, Defendant-Appellee, and Ariba Incorporated, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied May 31, 2005.

Attorney(s) appearing for the Case

Steven M. Hoffer, of San Diego, California, pro se.

I. Neel Chatterjee, Orrick Herrington & Sutcliffe, LLP, of Menlo Park, California, for defendant-appellee Microsoft Corporation. On the brief was Joseph T. Jakubek, Klarquist Sparkman, LLP, of Portland, Oregon. Of counsel was Isabella Fu, Microsoft Corporation, of Redmond, Washington.

Charles K. Verhoeven, Quinn Emanuel Urquhart Oliver & Hedges, LLP, of San Francisco, California, for defendant-appellee International Business Machines Corporation. With him on the brief were Robert W. Stone and W. Paul Schuck.

Neil A. Smith, Howard, Rice, Nemerovski, Canady Falk & Rabkin, P.C., of San Francisco, California, for defendant-appellee Ariba, Incorporated.

Before NEWMAN, BRYSON, and DYK, Circuit Judges.

Rehearing En Banc Denied May 31, 2005.*

Opinion for the court filed PER CURIAM. Opinion concurring in the judgment filed by Circuit Judge NEWMAN.

PER CURIAM.

Steven M. Hoffer appeals the summary judgment of the United States District Court for the Northern District of California,1 holding that defendants Microsoft Corporation, International Business Machines Corporation, and Ariba Incorporated...

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