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Novell's Motions in Limine #s 9, 10, 11, as text - RE: SVRX Licenses, Substantial Performance, Arbitration

By Pamela Jones et al.

Here are Novell's motions in limine #s 9, 10, and 11. There is a motion in limine to block SCO from presenting any evidence regarding matters that were sent to arbitration, which Novell lists as SCO's copyright claim and certain bits of its contract and unfair competition claims. And there is another motion in limine asking the court to rule that SCO can't sue for specific performance of the contract, because it itself failed to live up to the terms of the agreement, a prerequisite, Novell writes, for bringing such a claim to court. And the third is about blocking SCO from contesting that agreements that came after the APA can be SVRX licenses. That's the law of the case, Novell writes, and even if it were not, issue preclusion applies (see footnote 2 of the last transcript), but Novell has been around the block with SCO a few times by now, and this is a preemptive strike to avoid having to relitigate that issue.

To help you keep track, here's where the other Novell motions, the motions in limine, can be found:

• Motion in Limine No. 1 (re mandate rule)
• Motions in Limine 2-8 (re slander of title)
• Motions in Limine 12-19 (re excluding testimony)

All of SCO's are done as text on this page, and that's where you will find the entire list of all the motions in limine by both parties, as PDFs. The hearing is set for February 25 at 9 AM.

Full post as published by Groklaw on February 11, 2010 (boomark / email).