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Intellectual Property Law

: Groklaw

The Novell-Attachmate Merger Agreement and A Message from Novell: We're Keeping the Copyrights Post-Merger - updated

By Pamela Jones et al.

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Here's a message from Novell about the merger, from John Dragoon, Chief Marketing Officer:
On November 22, 2010, Novell issued a press release announcing a definitive merger agreement under which Attachmate Corporation ("Attachmate") would acquire Novell for $6.10 per share in cash ("Merger Agreement"). Novell will continue to own Novell's UNIX copyrights following completion of the merger as a subsidiary of Attachmate. Novell filed a Form 8-K/A with the SEC on November 22, 2010, with respect to the Merger Agreement.
Um. Novell is going to remain as an entity, a subsidiary, while its products, like SUSE, are... where? I'm confused, but I take it Novell wishes to reassure the world. If so, that's a start. But what about the patents? Here's the Novell Proxy statement just filed with the SEC, which includes the statement also.

But here's the filing we are looking for, the 8K/A, with the attached document, the merger agreement. I don't see the Patent Purchase Agreement filed yet, but this filing says it will be filed eventually as an amendment to the 8K.

Full post as published by Groklaw on November 24, 2010 (boomark / email).

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