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SCO GROUP, INC. v. NOVELL, INC.

No. 08-4217.

578 F.3d 1201 (2009)

The SCO GROUP, INC., Plaintiff-Appellant, v. NOVELL, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 24, 2009.

Attorney(s) appearing for the Case

Stuart Singer, Boies, Schiller & Flexner LLP, Fort Lauderdale, FL (David Boies, Robert Silver, and Edward Normand, Boies Schiller & Flexner LLP, Armonk, NY; Brent O. Hatch, Mark F. James, Hatch, James & Dodge, PC, Salt Lake City, UT; Devan V. Padmanabhan, Dorsey & Whitney LLP, Minneapolis, MN, with him on the briefs) for Plaintiff-Appellant.

Michael Jacobs, Morrison & Foerster LLP, San Francisco, CA (George C. Harris, Grant L. Kim, David E. Melaugh, Morrison & Foerster LLP, San Francisco, CA; Thomas R. Karrenberg, Heather M. Sneddon, Anderson & Karrenberg, Salt Lake City, UT, with him on the briefs) for Defendant-Appellee.

Before LUCERO, BALDOCK and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

This case primarily involves a dispute between SCO and Novell regarding the scope of intellectual property in certain UNIX and UnixWare technology and other rights retained by Novell following the sale of part of its UNIX business to Santa Cruz, a predecessor corporate entity to SCO, in the mid-1990s. Following competing motions for summary judgment, the district court issued a detailed opinion granting summary judgment to Novell on many...

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