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

No. 16-4040.

879 F.3d 1062 (2018)

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

United States Court of Appeals, Tenth Circuit.

January 2, 2018.


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.


ORDER

This matter is before the court on appellee International Business Machines Corporation's Petition for Panel Rehearing and Request for Rehearing En Banc. We also have a response from the appellant.

Upon consideration, that part of the petition seeking panel rehearing is granted in part and only...

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