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

Intellectual Property Law

: Groklaw

SCO and Novell File Proposed Findings of Fact/Conclusions of Law

By Pamela Jones et al.

SCO and Novell have each now filed their Proposed Findings of Fact and Conclusions of Law. What's that? Well, when a judge reaches a decision and issues his or her decision, there is also a list of the facts he or she considers established at the trial, and the legal facts established. An example of the latter would be to find that the APA created an agency relationship between SCO and Novell regarding SVRX royalties. Judge Kimball asked the parties to file on the day the trial began, and so they have.

SCO's filing is 54 pages, with some cases attached. Novell's is 21. I'm sure you can figure out why SCO's is longer. The parties can file revised versions, of course, depending on what comes out in evidence at trial, but this gives the judge an overview of how each side thinks he should rule. It also helps us to get a taste of what is enfolding in the courtroom in Utah as we speak, because the filings are a map to what each side hopes to prove. And it will be a help to the appeals court later.

Full post as published by Groklaw on April 29, 2008 (boomark / email).