Novell v. Microsoft Corporation

GORSUCH, Circuit Judge.

A straggler of a case, this one drags us back twenty years. To a time before the dot-com boom busted and boomed again, a time when Microsoft was busy amassing a virtual empire — if sometimes in violation of the antitrust laws. Long since found liable for a rich diversity of antitrust misdeeds in the 1990s, this case calls on us to decide whether Microsoft back then committed still another, as-yet undetected antitrust violation — this time at Novell’s expense.

Novell’s suit against Microsoft finally found its way to trial in 2011 but the jury couldn’t manage a verdict.…