GO COMPUTER, INC. v. MICROSOFT CORP.

No. 06-2278.

508 F.3d 170 (2007)

GO COMPUTER, INCORPORATED, a Washington corporation; S. Jerrold Kaplan, an individual, Plaintiffs-Appellants, v. MICROSOFT CORPORATION, a Washington corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: November 19, 2007.


Attorney(s) appearing for the Case

ARGUED: Sean Abram Lev, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, D.C., for Appellants. David Bruce Tulchin, Sullivan & Cromwell, New York, New York, for Appellee. ON BRIEF: Michael K. Kellogg, Steven F. Benz, Priya R. Aiyar, Daniel A. Loeffler, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, D.C., for Appellants. Thomas W. Burt, Steven J. Aeschbacher, Microsoft Corporation, Redmond, Washington; Robert A. Rosenfeld, Jessica S. Pers, Heller Ehrman, L.L.P., San Francisco, California; Amanda F. Davidoff, Sullivan & Cromwell, L.L.P., New York, New York; G. Stewart Webb, Jr., Venable, L.L.P., Baltimore, Maryland, for Appellee.

Before WILKINSON, Circuit Judge, HAMILTON, Senior Circuit Judge, and T.S. ELLIS, III, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.


Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Senior Judge ELLIS joined. Senior Judge HAMILTON wrote an opinion concurring in part and concurring in the judgment.

OPINION

WILKINSON, Circuit Judge:

Plaintiffs Jerry Kaplan and GO Computer sued Microsoft in 2005 for antitrust injuries that allegedly drove GO out of business in 1994. The four year statutory limitations period that Congress specified has long since run, and...

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