Judge Tena Campbell has today ruled against SCO, who had asked to go forward against IBM in SCO v. IBM, without letting IBM go forward on its most significant claims. "The court declines," her order says, to reopen anything now, because too much depends on what happens in SCO v. Novell, and it doesn't make sense to divide the two cases.
Read more »Judge Campbell Rules: IBM Stays on Hold; SCO Loses Again
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Stewart Rules: Novell Wins! CASE CLOSED!
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Here you go, munchkins. Judge Ted Stewart has ruled for Novell and against SCO. Novell's claim for declaratory judgment is granted; SCO's claims for specific performance and breach of the implied covenant of good fair and fair dealings are denied. Also SCO's motion for judgment as a matter of law or for a new trial: denied.
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SCO: jurors too busy Facebooking to rule on Unix claim
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SCO Group wants a judge to overrule a jury that found it doesn’t own Unix. Or it wants a fresh trial. Either, really, as long as SCO gets the result it wants.
Read more »New Proposed Jury Instructions and Novell Tries Again on Prior Ct. Rulings
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The parties in SCO v. Novell have, as promised, filed their proposed jury instructions. And Novell has filed a new motion regarding letting the jury know about prior court rulings. SCO has, Novell says, once again crossed the line, despite the court's admonition not to do so. In its examination of Dr.
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Week 2, Day 8 of SCO v. Novell Trial
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Our reporter from the courtroom in the SCO v. Novell jury trial, Chris Brown, has now filed his first report for today, which I'll add to as his further reports arrive.
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Week 2, Day 6 of SCO v. Novell Trial - The Mistrial Motion, Kim Madsen
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Chris Brown attended the jury trial today for us in SCO v. Novell, and he has the details about the mistrial motion, the denial of the motion to allow evidence, and there was testimony today from Kim Madsen and Darl McBride and a deposition played of Steven Sabbath. The mistrial was related to the denial of Novell's motion to allow evidence.
Read more »Novell's Petition for Writ of Certiorari - as text
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We have the Novell's Petition for a Writ of Ceriorari [PDF] as text. This is its petition, asking the US Supreme Court to review the decision by the US Court of the Appeals for the Tenth Circuit. Odds are always against the petitioner to the U.S. Supreme Court, of course, and the earliest it could be heard would be in April, we learned from a remark at Friday's trial in SCO v.
Read more »Day 5 of the SCO v. Novell Trial and Some Help for Journalists Covering the Trial
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Our reporter in the courtroom today has sent his first dispatch. More to come. He had a pleasant chat with Tom Harvey of the Salt Lake Tribune.
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Day 4 of the Trial in SCO v. Novell - and Novell's Petition for Certiorari
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They played videos in court today, day 4 of SCO v. Novell's jury trial. SCO claims it has a surprise witness, like that surprises anyone that has been following SCO's legal ways. There was a dispute about that, but I gather it will happen eventually.
Read more »More Back-and-Forth on Proposed Jury Instructions/Verdict Forms in SCO v. Novell
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The parties are still going back and forth over pre-trial issues, specifically over the jury instructions and the verdict form. We may see even more on this, because jury instruction and the verdict form come at the very end, so there is still time to try to get it just right. Not that either side will be entirely happy with the result.
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SCO vs. Linux: The trial can begin
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The bankruptcy court dealing with the SCO Group has approved a loan from a group of investors. This means that the company now has sufficient funds for the pending jury trial against Novell.
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Novell Objects to Yarro's Proposed Loan to SCO
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I'm sure this was expected. Novell opposes SCO's Trustee's Motion for PostPetition Financing to essentially have Ralph Yarro and unnamed others provide SCO a loan to keep the corpse breathing long enough to make it through trial, I suppose, and I expect we may see more oppositions filed...
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Dear Judge Stewart: A Schedule for Briefing Novell's Request for Judicial Notice
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Novell's Sterling A. Brennan of Workman Nydegger has sent a letter to Judge Stewart, asking for the opportunity to brief the issue of their Request for Judicial Notice. This letter was sent after yesterday's conference was over, and the judge has already granted the request. I know. I am too exhausted to think, after yesterday, but, to paraphrase F.
Read more »SCO is getting smaller and smaller
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SCO is downsizing. Ch. 11 Trustee Edward Cahn has filed a motion for the sale, transfer or abandonment of certain de minimis assets.
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First Word from Utah in SCO v. Novell: Trial Set for March
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I just received our first word on the hearing in Utah on SCO v. Novell from one of our reporters. "looking for a march 8th trial date, to run 3 weeks" is the report. I'm sure there will be more info on the way as soon as they can type it up. We had several eyewitnesses in attendance. So stay tuned for updates.
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