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15 Oct, 2007 1:02 pm
The U.S. Court of Appeals for the Fourth Circuit has issued its ruling in Novell, Inc. v. Microsoft Corp.: You can access today's ruling
at this link. The decision -- issued by a unanimous two-judge panel -- begins: We are asked here to review cross ... filed in the District of Utah and transferred by the Judicial Panel
on Multidistrict Litigation to the District of Maryland, Novell made six specific claims for damages to software applications it owned between
1994 and 1996. Two ...
5 Nov, 2006 12:36 pm
Here's another declaration, Exhibit 239 [PDF], the Declaration of Greg Jones on Behalf of Novel, Inc. This is another of IBM's Greatest Hits exhibits, all 597 of which you
... to thank Laomedon for doing the OCR to text and HTML for us. Jones is an attorney at Novell and significantly, he's been there since 1992,
but he isn ... t submitting this based on first-hand knowledge. Rather, his declaration is authorized by Novell and based on Novell's knowledge and understanding of the matters he addresses. So ...
26 Aug 12:19 am
... and licensed these rights to SCO. SCO's position is that it acquired the copyrights, leaving Novell a 95% interest in royalties as a
"financing device." That litigation proceeded to the summary judgment stage. ... ownership-'Congress's paramount goal' when it revised the [Copyright] Act in 1976." Konigsberg Intern.
Inc. v. Rice, 16 F.3d 355, 357 (9th Cir. 1994) ... .5 million in royalties owing from SCO to Novell Affirmed-in-part, reversed-in-part.
SCO Group, Inc. v. Novell, Inc., Case No. 08-4217 (10th ...
22 Dec, 2007 9:40 am
... ] filed by Novell, Inc.. (Attachments: # (1) Exhibit 2 # (2) Exhibit 5 # (3) Exhibit 6 # (4) Exhibit 7 # (5) Exhibit 8 # (6) Exhibit
9, Pt. 1# (7) Exhibit ... Entered: 12/21/2007 Notice of Conventional Filing Docket Text: NOTICE OF CONVENTIONAL FILING of Memorandum in Support of Novell's Motion for Summary Judgment on its Fourth Claim for Relief, and Declaration of David E. Melaugh filed by Defendant Novell, Inc. [FILED UNDER SEAL] (Sneddon, Heather) We have the redacted version of the memorandum in ...
26 Oct, 2007 4:11 pm
... : 10/26/2007 Declaration in Support Docket Text: Declaration in Support Declaration of Jean Acheson in Support of Debtors' Response to Novell, Inc.'s Motion for Order Directing the Debtors to Remit Undisputed Future SVRX Royalties to Novell
Upon Receipt ( ... ." A verbal agreement. Then in October of 2003, the two went back to the method outlined in the APA, and then Novell "never
once remitted to the Debtors the 5% administrative fee." On that basis, SCO -- surprise! -- accuses Novell of unclean ...
7 Apr, 2008 6:35 pm
... 's Claims for Money or Claim for Declaratory Relief filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit
B)(Sneddon, Heather) (Entered: 04/07/ ... Introduction tells you that SCO is, once again, asking for unusual relief, which Novell strongly
argues it can find no case law to support. What SCO wants ... Judge's earlier order that all summary judgment motions will be heard that day. Novell's Motion for Summary Judgment on its 4th Claim for Relief is already scheduled for the same ...
4 Dec, 2006 10:09 am
... And Microsoft knows it. I think Novell needs to change its slogan now. They describe themselves in the press release like this:
"Novell, Inc. delivers Software for the Open Enterprise'" They've even trademarked the phrase, so we may assume that back in ...
Inc. delivers A-Hint-Of-Not-Really-Open-Software for the Not-Much-Interested-in-Leaving-Microsoft Enterprise" In my eyes, Novell is
forking itself out of the FOSS community. Here's the press release, to memorialize this day in FOSS history, and so ...
11 Aug, 2007 9:53 am
... , Santa Cruz Operations, received only a license to use the UNIX copyright material in a 1995 deal with Novell, Inc. Ownership
remains in Novell, the court concluded. The SCO Group, ... ., No. 2:04CV139DAK (D. Utah Aug. 10, 2007). SCO sued Novell in 2003 for slandering SCO's title to copyrights in the UNIX software code. More claims ... parties' Asset Purchase Agreement. Schedule 1.1(a) lists
the "Intellectual Property" that Novell sells to SCO's predecessor as including "[t]rademarks UNIX and UnixWare ...
14 Aug, 2007 8:51 am
... 102-page ruling, U.S. District Court Dale Kimball ruled that Novell Inc., not SCO, owns copyrights covering the Unix operating
system, which ... t acquire ownership rights to Unix when it bought the licensing and development rights from Novell in 1995. SCO is a business
software developer that earns money licensing Unix software ... infringement of Unix," said Joe LaSala, general counsel of Waltham, Mass.-based Novell. SCO suffered a setback in November when Kimball upheld a magistrate's earlier decision ...
14 Sep, 2007 11:00 am
... through Thursday only. From PACER: 09/14/2007 - 467 - TRIAL BRIEF [REDACTED] by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 1
# 2 Exhibit 2)(Sneddon, Heather) (Entered ... of Novell's Trial Brief [Filed Under Seal] filed by Defendant Novell, Inc. (Sneddon, Heather) (Entered: 09/14/2007) A trial brief is where a party tells the court what ... dramatic. No pounding on the table. SCO
will file one too. In fact, it looks like Novell has read a draft of SCO's brief, because on page 20 of the PDF, Novell ...
11 Dec, 2007 11:55 pm
... informing the judge of what they think the effects are of the bankruptcy lift stay order. And I gather, in reviewing the file, someone on the Novell side noticed that one lawyer who worked on the case back in 2004 isn't involved now, so there is a motion ... Filed & Entered: 12/11/2007 Motion to
Withdraw as Attorney Docket Text: MOTION to Withdraw as Attorney filed by Defendant Novell, Inc.. (Attachments: # (1) Text of Proposed
Order) Motions referred to Brooke C. Wells.(Mullen, John) 475 Filed & ...
27 Mar, 2007 11:36 am
... v. Novell that has been filed that reads like this: Plaintiff and Counterclaim-Defendant The SCO Group, Inc. and Defendant and
Counterclaim-Plaintiff Novell, Inc., pursuant to Federal Rule of Civil Procedure 26(c), hereby stipulate to and jointly move the ... in
the Proposed Order [PDF]. I'll put the text of that at the end, but the change proposed is to allow SCO to hand over to Novell certain
confidential IBM financial materials produced in SCO v. IBM discovery. According to the new wording, the ...
17 Mar, 2008 9:57 am
... to halt an antitrust suit against it. The suit was brought in 2004 by Waltham, Mass.-based Novell Inc., which said in court papers
that Microsoft "deliberately targeted and destroyed" ... antitrust woes for Microsoft. You can find the prior filings on Groklaw's permanent Novell v. MS Timeline page. Here's the Order [PDF] by the U.S. ... our Legal Research page. This is a case in part about standards and interoperability.
Here's Novell's Complaint [PDF], and we have it as text, along with some analysis, ...
25 Aug 10:41 am
... ruling reversed a lower-court judge who, in 2007, had granted summary judgment against SCO, in favor of defendant Novell Inc. Click
here for the story from Wired, here for the story from Information Week; here for the Tenth Circuit opinion, ... , ordered a Chapter 11 trustee to look over the company. Click here for
the WSJ story on that. And that wrinkle is what Novell emphasized in its post-ruling statement, according to Information Week. "Precisely what
will happen next in the lawsuit remains to ...
17 Oct, 2007 5:50 pm
The Fourth Circuit Court of Appeals has ruled that Novell has standing to pursue two antitrust claims against Microsoft. Novell, Inc. v. Microsoft Corp., 2007 WL 2984372 (October 15, 2007). Novell, ... private antitrust
proceedings that are "based in whole or in part on any matter complained of" by the government. The Court concluded that even though Novell was
neither a consumer nor a competitor, Microsoft's allegedly anticompetitive conduct in the operating system market was "directly aimed" at ...
11 Jan, 2007 6:31 am
... before the court right now, SCO's Motion for Extension of Time to Respond to Novell's Motion for Partial Summary Judgment on Its Fourth
Counterclaim for Relief [PDF], that is perfect for ... no hearing yet. Here are the two new filings related to the motion that are on Pacer, Novell's memo in opposition and SCO's reply to it: 01/09/2007 ... /Reply as to 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief filed by Defendant Novell, Inc.. (Sneddon, Heather) (Entered: 01/09/2007)
...
18 Sep, 2007 8:15 am
... just filed: On August 10, 2007, the federal judge overseeing the Company's lawsuit with Novell, Inc. ("Novell") ruled in favor of Novell on several of the summary judgment motions that were before the United States
District Court in Utah ... substantial doubt about the Company's ability to continue as a going concern. Absent a significant cash payment to Novell for this matter, management believes it is remote that the undiscounted future cash flows generated by the Company would not be sufficient ...
20 Nov, 2006 5:34 pm
... violates Microsoft patents. Our stance on software patents is unchanged by the agreement with Microsoft....In closing, we wish to be extremely clear that Novell is committed to protecting, preserving and promoting freedom for free and open source software. We recognize that the ... how we can continue to work
together toward these common goals. Ron Hovsepian Chief Executive Officer Novell, Inc. In that case, with all due respect, you should
not have signed an agreement called a patent cooperation ...
1 Jan 3:20 am
One more new filing from Wednesday, this one from SCO v. Novell. Here's the docket entry: 12/31/2008 576 MEMORANDUM in Opposition re [575]
MOTION to Stay Taxation of Costs filed by Defendant Novell, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4)
Exhibit D, # (5) Exhibit E, # (6) Exhibit F)(Sneddon, Heather) - The Groklaw Team
3 Feb, 2007 10:50 am
... has said that the Free Software Foundation will announce in two weeks what decision it will make regarding its response to the Novell-Microsoft deal: The Free Software Foundation is reviewing Novell Inc.'s right to sell new versions of
Linux operating system software after the open-source community criticized Novell for teaming up with Microsoft Corp. "The community of people
wants to do anything they can to interfere with this deal and all deals ...
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