Home -> Law Blog Directory -> Intellectual Property Law Blogs -> Groklaw

Intellectual Property Law

: Groklaw

Novell's Reply in Support of its Motion for SJ in WordPerfect antitrust litigation

By Pamela Jones et al.

Novell has filed its Reply [PDF] in support of its Motion for Summary Judgment in Novell v. Microsoft, the antitrust litigation in Maryland regarding WordPerfect. Technically, it's Novell's Reply in Support of its Motion for Summary Judgment and Opposition to Microsoft's Cross-Motion for Summary Judgment. Here's that Cross Motion and here's Microsoft's Opposition [PDF] to Novell's motion. I'm sure you recall the mountain of exhibits both parties filed. [Microsoft's; Novell's.] It's complex in that both have filed summary judgment motions, and then Microsoft filed a cross motion in response to Novell's motion. But the themes are not complicated. Microsoft would like the court to accept its claim that Novell can't sue Microsoft over WordPerfect, that it sold its claims to Caldera, which then sued Microsoft and won a huge settlement, and in effect Microsoft is saying the Novell already got paid for any damage done, since it got a cut of the settlement.

Before we get to Novell's rebuttal, I wanted to highlight something. You'll never guess what one of the exhibits is: the email [PDF] from Bill Gates, subject line "Shell plans - iShellBrowser", that we found here also in doing our searchable collection of Comes v. Microsoft exhibits, a project that we are still working. It is Exhibit 46 [PDF] in the Novell v. Microsoft litigation now.

Please continue to help out with the Comes collection, so we can finish this project. As you can see, it's very worthwhile working to make the collection searchable, and there may be other nuggets hidden in the collection.

Full post as published by Groklaw on January 01, 2010 (boomark / email).