Home -> Law Blog Directory -> Intellectual Property Law Blogs -> Groklaw
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Intellectual Property Law
: GroklawSCO v. Novell appellate decision: $$ from Sun deal affirmed as Novell's; rest remanded for jury trial
By Pamela Jones et al.
For the foregoing reasons, we AFFIRM the district court's judgment with regards to the royalties due Novell under the 2003 Sun-SCO Agreement, but REVERSE the district court's entry of summary judgment on (1) the ownership of the UNIX and UnixWare copyrights; (2) SCO's claim seeking specific performance; (3) the scope of Novell's rights under Section 4.16 of the APA; (4) the application of the covenant of good faith and fair dealing to Novell's rights under Section 4.16 of the APA. On these issues, we REMAND for trial.The issue was whether it is appropriate to decide matters on summary judgment, and this court thought the APA was complex enough and ambiguous enough that a jury trial is more appropriate. I think that means Chapter 7 looms, because SCO was counting on the appeal to overturn on the issue of the money that the Utah decision gave Novell from the Sun license deal, and that didn't happen. Of course, there could be new investors. But the odd thing is, SCO management is no longer in control of any decisions, as pointed out in its recent 8K:
Pursuant to the Bankruptcy Code, and subject to the supervision and approval of the Bankruptcy Court, the Chapter 11 Trustee will have, upon appointment, authority over the Debtors' assets and affairs and the future course of the Debtors' litigation against Novell, IBM, et al.
So, it's back to Utah! Unless Novell tries to appeal higher, of course, or asks for a full en banc rehearing. And it's up the the Chapter 11 trustee, once appointed, to decide what he thinks would be the next step, including Chapter 7. SCO's world has changed since it filed this appeal.
Full post as published by Groklaw on August 24, 2009 (boomark / email).
California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Hurricane Claims
State Farm Fire and Casualty Co. reaches settlement deal with Mississippi Attorney General Jim Hood.
Jury Awards $29M in Elder Abuse Case
Jury Awards $29M in Elder Abuse Case
Jury Awards $82.5M in Workplace Death Lawsuit
Jury Awards $82.5M in Workplace Death Lawsuit
Jury Awards $1,642,475 in Workplace Electrocution Lawsuit
Workplace Electrocution Lawsuit Jury Awards $1,642,475
Jury Awards $1.8 Million in Legal Malpractice Suit
Jury Awards $1.8 Million in Legal Malpractice Suit
Jury Awards $2 Million in Sexual Harassment Wrongful Termination Suit
Jury Awards $2 Million in Sexual Harassment Wrongful Termination Suit

Tyco Denied Damages Retrial Because Liability And Damages Not So Distinct
SCO vs. Linux: Prozess gegen Novell abgeschlossen
Ferguson: Faretta Habeas Claim requires review of state trial transcript
One To Be Published Ky COA Decision January 23, 2009
Accutane: McCarrell Remanded For New Trial








