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Novell Files for Partial Summary Judgment - on 4th Claim Re SCOsource

By Pamela Jones et al.

Novell has done what it said it would do, file a motion asking for partial summary judgment, specifically on its Fourth Claim for Relief for declaratory judgment on the grounds that SCO was without authority to enter into the SCOsource licenses:

478 - Filed & Entered: 12/21/2007
Motion for Summary Judgment
Docket Text: MOTION for Summary Judgment on Novell's Fourth Claim for Relief filed by Defendant Novell, Inc.. (Sneddon, Heather)

479 - Filed & Entered: 12/21/2007
Memorandum in Support of Motion
Docket Text: MEMORANDUM in Support re [478] MOTION for Summary Judgment on Novell's Fourth Claim for Relief [REDACTED] filed by Defendant Novell, Inc.. (Attachments: # (1) Exhibit 1)(Sneddon, Heather)

480 - Filed & Entered: 12/21/2007
Declaration
Docket Text: DECLARATION of David E. Melaugh re [478] MOTION for Summary Judgment on Novell's Fourth Claim for Relief [REDACTED] filed by Novell, Inc.. (Attachments: # (1) Exhibit 2 # (2) Exhibit 5 # (3) Exhibit 6 # (4) Exhibit 7 # (5) Exhibit 8 # (6) Exhibit 9, Pt. 1# (7) Exhibit 9, Pt. 2 # (8) Exhibit 9, Pt. 3# (9) Exhibit 10 # (10) Exhibit 12)(Sneddon, Heather)

481 - Filed & Entered: 12/21/2007
Notice of Conventional Filing
Docket Text: NOTICE OF CONVENTIONAL FILING of Memorandum in Support of Novell's Motion for Summary Judgment on its Fourth Claim for Relief, and Declaration of David E. Melaugh filed by Defendant Novell, Inc. [FILED UNDER SEAL] (Sneddon, Heather)

We have the redacted version of the memorandum in support already, so we can dive right in. As you see, there are a gazillion exhibits attached to the Declaration, and as soon as they are all uploaded, we'll plug them in here too. Most of them you've seen before, things like the Asset Purchase Agreement. But we'll scurry about and upload those soon too. I just knew you'd want to know about this right away.

Update: OK, they're all there now, except for the sealed ones, which are as usual the ones you would like to see the most, like the agreement with Cymphonix and Computer Associates and some internal presentations. I'd pay to see those.

Full post as published by Groklaw on December 22, 2007 (boomark / email).