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Intellectual Property Law

: Groklaw

Novell Asks For Extension to File with Supreme Court and Judge Stewart Issues Trial Order

By Pamela Jones et al.

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Novell has filed a second request for an extension of time to file its appeal with the US Supreme Court. It would like until March 4th.

And Judge Ted Stewart has issued his trial order for the trial in Utah in SCO v. Novell, which begins on March 8:

02/04/2010 - 626 - TRIAL ORDER with instructions to counsel: 15 day Jury Trial set for 3/8/2010 08:30 AM in Room 142 before Judge Ted Stewart. Final Pretrial Conference set for 2/25/2010 02:00 PM in Room 142 before Judge Ted Stewart. Signed by Judge Ted Stewart on 02/04/2010. (asp) (Entered: 02/04/2010)

More exactly, the judge tells the parties to come up with a joint trial order by the February 25th pretrial conference. He doesn't know these lawyers yet as well as we do. They don't agree on much of anything. He also provides instructions on how to file jury instructions together, unless they can't agree and then he tells them to file separately, but "the court expects the parties to meet, confer, and agree upon the wording of the substantive instructions for the case." That's exactly what they couldn't do the first time [PDF]. This is what they finally came up with.

Full post as published by Groklaw on February 04, 2010 (boomark / email).