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Novell Moves for Judgment on Slander; SCO Moves to Limit Closing Argument

By Pamela Jones et al.

Novell moves for judgment on slander of title and damages:

Defendant Novell, Inc. ("Novell") respectfully moves the Court to grant judgment as a matter of law in favor of Novell because plaintiff The SCO Group, Inc. ("SCO") has failed to introduce legally sufficient evidence upon which a reasonable jury could find for SCO on its claim for slander of title. Specifically, SCO has not shown that: (1) Novell acted with constitutional malice, (2) Novell's statements were disparaging, (3) Novell's statements were unprivileged, (4) Novell's statements were false, or (5) Novell's statements caused special damages. Moreover, SCO has failed to introduce sufficient evidence supporting an award of punitive damages.

Meanwhile, The SCO Group wants to limit Novell's closing arguments:

Plaintiff, the SCO Group, Inc., respectfully submits this memorandum of points and authorities concerning the proper scope of closing arguments. Specifically, documents and testimony that have not been admitted into evidence at trial should not be shown or read to the jury, such as the demonstratives used by Novell during the testimony of Novell's expert, Mr. Terry Musika. SCO also objects to any attempt by Novell to argue to the jury that Novell's assertion to ownership applied only to UNIX, and not to UnixWare copyrights, extant at the time of the APA. SCO further objects to any attempt to argue to the jury points contrary to questions of law that have been decided by the Tenth Circuit opinion in this case.

Full post as published by Groklaw on March 26, 2010 (boomark / email).