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The Tenth Circuit Court of Appeals is taking Novell's Petition for Rehearing and Rehearing en Banc seriously. They have ordered SCO to file a respons within 14 days of the order. This is a significant order, in my view, and a major win for Novell. Here is the order...
The same three appeals court judges who decided to send the copyright ownership issue in SCO v. Novell back to Utah for a jury trial, including the now-retired Judge McConnell, have denied the Novell petition for rehearing.
Novell has filed a Reply [PDF] to SCO's Opposition to Novell's Motion for Conversion. Novell does not mince words. It suggests that the court check SCO's math, not to mention SCO's 22 pages of its "history" of UNIX and its litigation prospects.
SCO filed a motion asking for more time to file its appeal brief with the Tenth Circuit Court of Appeals. They needed 10 more days, and Novell agreed to it, so the clerk signed off on it the same day the motion was filed, and the new date for SCO to file its brief will be September 9.
The chickens have flown home and are circling SCO, looking for a place to roost, with SCO doing its dance to postpone the inevitable. Judge Ted Stewart, who presided over the SCO v. Novell second trial has denied SCO's motion to stay taxation of costs, a motion which Novell opposed.
SCO, "by and through the Chapter 11 Trustee in Bankruptcy, Edward N. Cahn", has filed its opposition to Novell's Motion to Set Aside Judgment. This is the motion that will be argued on February 4. SCO argues that if Novell wanted to argue this, they should have appealed it, and that's a strong argument...
I told you I thought we'd hear from Novell, and so we have: Novell has filed a motion asking the court's permission to reply to SCO's Opposition to Novell's Motion in Limine No. 1.