Gorsuch's Good, Wrong Opinion In Microsoft Antitrust Case

Law360, New York (February 1, 2017, 5:08 PM EST) -- Judge Neil Gorsuch got it wrong. I'm sure of it. His opinion affirmed the trial court's dismissal of an unlawful monopolization case brought by our client, the former owners of WordPerfect (anyone remember WordPerfect?), against Microsoft Corporation. The dismissal was entered after a Salt Lake City jury hung 11-1 in favor of liability. But it was an extraordinarily well-written opinion — powerful and analytic. It was 2013 and it was clear to me even then that Neil Gorsuch was going to end up on someone's shortlist for the U.S. Supreme Court.

Judge Gorsuch wrote the opinion in Novell v. Microsoft, 731...

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