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SCO GROUP, INC. v. INTERN. BUSINESS MACHINES CORP.

No. 16-4040.

874 F.3d 1172 (2017)

The SCO GROUP, INC., Plaintiff Counterclaim Defendant-Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant Counterclaimant-Appellee.

United States Court of Appeals, Tenth Circuit.

Filed October 30, 2017.

Attorney(s) appearing for the Case

Edward Normand , Boies, Schiller & Flexner LLP, Armonk, New York ( Jason C. Cyrulnik , Boies, Schiller & Flexner LLP, Armonk, New York, Stuart H. Singer , Boies, Schiller, & Flexner LLP, Fort Lauderdale, Florida, Brent O. Hatch , and Mark F. James , Hatch, James & Dodge P.C., Salt Lake City, Utah, with him on the briefs), for Plaintiff Counterclaim Defendant-Appellant.

David Marriott , Cravath, Swaine & Moore LLP, New York, New York ( Evan R. Chesler , Cravath, Swaine & Moore LLP, New York, New York, Amy F. Sorenson , and Amber M. Mettler , Snell & Wilmer L.L.P., Salt Lake City, Utah, with him on the briefs), for Defendant Counterclaimant-Appellee.

Before KELLY, EBEL, and BACHARACH, Circuit Judges.

This case arises out of a business deal gone wrong. The Santa Cruz Operation, Inc. (Santa Cruz) entered into a business arrangement with International Business Machines Corp. (IBM) to develop a new operating system that would run on a more advanced processor manufactured by Intel Corporation (Intel). The parties signed an agreement...

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