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

Intellectual Property Law

: Groklaw

10th Circuit Court of Appeals Grants in Part SCO's Motion to Expedite Appeal

By Pamela Jones et al.

The US Court of Appeals for the 10th Circuit in Denver, SCO's last-gasp hope, apparently believes that SCO always tells the truth. It has accepted as true SCO's assertion that Novell does not oppose SCO's motion to expedite. Anyway, rather than wait to see if Novell files an opposition, the court has already granted in part SCO's motion, which SCO only filed on Friday. Here's the part that is granted:

This appeal will be placed on the January 2011 oral argument calendar. The decision on whether to expedite consideration of, and the decision in, this case is referred to the panel of judges that will decide the appeal on the merits.

So, they're leaving it up to the panel of judges chosen to hear the appeal as to whether or not to expedite how fast they rule, I guess, so that decision is delayed, but are they moving SCO ahead of the line on the schedule for oral argument? I can't tell. It seems so, in that it says the motion is granted in part, but by whom? Can clerks grant motions to expedite?

The January session is January 18-21. But something odd. This order doesn't list any judges as making this decision. It's signed by the clerk and the clerk's lawyer. Can they make this decision? Or did they forget to list the judges? It's definitely different from SCO's first appeal.

Anyway, now SCO can go to bankruptcy court and tell them that they should be able to delay selling the assets, or going into Chapter 7 alternatively, because they are soooo close to a decision from the appeals court.

Full post as published by Groklaw on November 08, 2010 (boomark / email).