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SCO Responds to Gray's Proposed Amicus Brief
Monday, May 04 2009 @ 10:58 PM EDT

SCO has filed its response to the proposed amicus brief by Wayne Gray, and it agrees with Novell on it -- they don't want Wayne Gray butting in to this appeal either. Novell said it was irrelevant, and SCO agrees:
Because the parties did not litigate before the district court below the issue of the transfer of trademarks under the APA and the court did not resolve that issue in its appealed-from decisions or otherwise, Appellant, The SCO Group, Inc. opposes Wayne R. Gray's Motion for Leave to File Amicus Brief in Support of Defendant/Appellee Novell, Inc. insofar as the Motion seeks to (1) expand the scope of the appealed-from decisions by addressing matters that are not "relevant to the disposition of the case,"... or (2) re-litigate issues resolved by the United States District Court for the District Florida that are now before the Eleventh Circuit on Mr. Gray's appeal.
SCO also agrees with Novell that it's untimely filed "for the reasons set forth by Novell in its opposition to the Motion." We probably should frame this. It's not every day SCO and Novell agree on anything. I doubt the appeals court will disagree. We'll see. The hearing is this week, on May 6. We'll likely find out at the hearing the court's decision.

If you are planning to attend, keep in mind that the courtroom was changed to Courtroom II [PDF], Byron White U.S. Courthouse, Denver, CO., and it begins at 9:00 AM. "Counsel shall report 45 minutes prior to the session to check in with the clerk," the docket says, so you might want to get there a bit early too to get the lay of the land.

Here are the filings, including some corrections on numbers in the Index of exhibits:

05/04/2009 - Open Document - [9655989] Response to Motion for leave to become amicus filed by SCO Group. Served on 05/04/2009. Manner of Service: email.

05/04/2009 - Open Document - [9656043] Errata sheet filed by SCO Group. Original and 7 copies. Served on 05/04/2009. Manner of Service: email.


SCO Responds to Gray's Proposed Amicus Brief | 110 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
"... not every day ..."
Authored by: Anonymous on Monday, May 04 2009 @ 11:06 PM EDT
PJ, have they EVER agreed before? If so, I don't remember it.

[ Reply to This | # ]

Corrections Thread
Authored by: bugstomper on Monday, May 04 2009 @ 11:42 PM EDT
Put your correction in the title of your reply. The rest can go in the body if
it all doesn't fit in the title.

[ Reply to This | # ]

News Picks Thread
Authored by: bugstomper on Monday, May 04 2009 @ 11:45 PM EDT
Put the title of the news pick article in the title of your post. Post as HTML
and make the clickies clickiable.

[ Reply to This | # ]

Off Topic threads
Authored by: bugstomper on Monday, May 04 2009 @ 11:46 PM EDT
If your topic is off, post it here.

[ Reply to This | # ]

Amicus Brief Threads
Authored by: bugstomper on Monday, May 04 2009 @ 11:49 PM EDT
If you have your own amicus brief to submit for this case post it here, as long
as it is more relevant than Wayne Gray's.

Remember, keep it brief and keep it friendly.

[ Reply to This | # ]

Something Odd About SCO's Reply:
Authored by: DaveJakeman on Tuesday, May 05 2009 @ 04:04 AM EDT
It's short, to the point and it makes sense.

This does not make sense.

Monopolistic Ignominious Corporation Requiring Office $tandard Only For

[ Reply to This | # ]

SCO Responds to Gray's Proposed Amicus Brief
Authored by: Anonymous on Tuesday, May 05 2009 @ 12:16 PM EDT
Said firm in the legal news about how profitable they are...

Spin spin spin.

[ Reply to This | # ]

    SCO Responds to Gray's Proposed Amicus Brief
    Authored by: AceBtibucket on Tuesday, May 05 2009 @ 06:51 PM EDT
    Ding, Dong! The SCO is dead!

    [ Reply to This | # ]

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