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

Intellectual Property Law

: Groklaw

Novell files in Utah its opposition in SCO's motion for final judgment

By Pamela Jones et al.

Novell has filed its Opposition to SCO's Motions for Voluntary Dismissal of Stayed Claims, Entry of Final Judgment, and Certification and Entry of Partial Final Judgment [PDF]. There's also a declaration by David Melaugh, with exhibits, both PDFs. We learn from the declaration the following:

2. In meet-and-confer discussions with SCO following the Court's July 16, 2008 entry of its Finding of Fact, Conclusions of Law and Order ("Trial Order"), SCO took the position that it could dismiss the stayed claims for purposes of obtaining final judgment or certification, but could revive and litigate those claims in the event of a favorable ruling on appeal.

3. In these discussions, SCO also refused to say whether it intended to assert, at some future date, that Novell infringed post-APA code and to pursue claims on that basis.

In short, SCO isn't actually willing to dismiss its claims with prejudice, in order to get a "final" judgment; it is willing to table them and then ramp them up again if it wins on appeal. How SCO imagines that offer would result in a "final" judgment under the final judgment rule is hard to discern. Novell says that what SCO wants is a judgment that is "final enough -- but not too final".

Full post as published by Groklaw on October 03, 2008 (boomark / email).