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Sup. Ct.'s Justice Sotomayor Grants Novell's Request to Extend Time to File Petition for Writ of Certiorari
Monday, January 11 2010 @ 02:41 PM EST

The Supreme Court's docket shows that Novell requested an extension of time to file its petition for a writ of certiorari in the SCO v. Novell case, and Judge Sonia Sotomayor has just granted that request. They now have until February 18th to file their petition. As you recall, the earlier deadline was this month. At this level, the case is titled "Novell, Inc., Applicant v. The SCO Group, Inc."

If you want to know how to find such tidbits, you can go here, in the drop down choose Supreme Court Docket, and search for Novell.

Don't all hit the link at once. We'll cause problems without meaning to, just from numbers. There isn't much text. Here it is in full:

No. 09A647
Title:
Novell, Inc., Applicant

v.

The SCO Group, Inc.

Docketed:
Lower Ct: United States Court of Appeals for the Tenth Circuit
Case Nos.: (08-4217)

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Jan 7 2010 Application (09A647) to extend the time to file a petition for
a writ of certiorari from January 18, 2010 to February 18, 2010,
submitted to Justice Sotomayor.

Jan 8 2010 Application (09A647) granted by Justice Sotomayor
extending the time to file until February 18, 2010.

~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~
Attorneys for Petitioner:
Deanne E. Maynard
Morrison & Foerster LLP [phone, address]

Party name: Novell, Inc.

As you can see, it was filed on January 7th, and granted on the 8th. This doesn't mean that they'll hear the case, by the way. It's just to let you know the latest, since many have been asking.

Update: Ms. Maynard is chair of the Appellate and Supreme Court practice group at Morrison & Foerster. Here's her bio. She has clerked twice for the U.S. Supreme Court, once for Justice Breyer, after graduating summa cum laude from Harvard Law School:

Deanne E. Maynard, chair of the Appellate and Supreme Court practice group, is a partner in the Washington, D.C., office, and a former Assistant to the Solicitor General at the United States Department of Justice.

Ms. Maynard has argued 11 cases before the Supreme Court of the United States, and she has filed over 100 briefs in that Court. Notably, she worked on some of the most important business cases over the last several Terms. In particular, Ms. Maynard has substantial knowledge and understanding of cutting-edge antitrust and intellectual property issues. Her arguments include the patent case MedImmune, Inc. v. Genentech, Inc. and the antitrust case Pacific Bell Telephone Company v. linkLine Communications, Inc. She also was a principal author of the briefs for the United States in Bell Atlantic Corp. v. Twombly and Quanta Computer, Inc. v. LG Electronics, Inc., and briefs at the certiorari stage in Bilski v. Doll and American Needle, Inc. v. National Football League.


  


Sup. Ct.'s Justice Sotomayor Grants Novell's Request to Extend Time to File Petition for Writ of Certiorari | 465 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections Thread
Authored by: Lazarus on Monday, January 11 2010 @ 02:58 PM EST
Post them here.

---
Any incoherancies on my part should be blamed on my use of Vicodin.
Unfortunately, it's for my back, so I'm not quite a House clone.

[ Reply to This | # ]

Sup. Ct.'s Justice Sotomayor Grants Novell's Request to Extend Time to File Petition for Writ of Certiorari
Authored by: Anonymous on Monday, January 11 2010 @ 03:03 PM EST

I think this shows that Novell really cares about presenting this to the Supreme Court. The lawyers are going to try really hard to make sure this is an excellent brief.

[ Reply to This | # ]

Sup. Ct.'s Justice Sotomayor Grants Novell's Request to Extend Time to File Petition for Writ of Certiorari
Authored by: webster on Monday, January 11 2010 @ 03:07 PM EST
Where is the Motion to Extend?

[ Reply to This | # ]

Off Topic Thread
Authored by: Lazarus on Monday, January 11 2010 @ 03:11 PM EST
The standard off topic stuff.


For example: I hate most dogs.

---
Any incoherancies on my part should be blamed on my use of Vicodin.
Unfortunately, it's for my back, so I'm not quite a House clone.

[ Reply to This | # ]

News Picks Thread
Authored by: Lazarus on Monday, January 11 2010 @ 03:13 PM EST
Make links clickable, the standard deal.



---
Any incoherancies on my part should be blamed on my use of Vicodin.
Unfortunately, it's for my back, so I'm not quite a House clone.

[ Reply to This | # ]

Sup. Ct.'s Justice Sotomayor Grants Novell's Request to Extend Time to File Petition for Writ of Certiorari
Authored by: Anonymous on Monday, January 11 2010 @ 03:18 PM EST
Can anything be read into this grant? After all, the previous history of this
case is that anything that Novell asks for gets rejected within five minutes of
it being requested.

Bob.

[ Reply to This | # ]

Sup. Ct.'s Justice Sotomayor Grants Novell's Request to Extend Time to File Petition for Writ of Certiorari
Authored by: Anonymous on Monday, January 11 2010 @ 04:35 PM EST
The abbreviation for Supreme Court should be SCOTUS, not Sup. Ct. That sounds
like superior court.

[ Reply to This | # ]

SCOTUS
Authored by: Anonymous on Monday, January 11 2010 @ 05:36 PM EST
I know it is almost so trite as to be worthy of a flame war, but I vote for
SCOTUS. It just seems to be the right way to do it on the internet.

[ Reply to This | # ]

Sup. Ct.'s Justice Sotomayor Grants Novell's Request to Extend Time to File Petition for Writ of Certiorari
Authored by: FamilyManFirst on Monday, January 11 2010 @ 07:08 PM EST
Um, you might want to move the warning up *before* the break, not after! ;)

[ Reply to This | # ]

Sup. Ct.'s Justice Sotomayor Grants Novell's Request to Extend Time to File Petition for Writ of Certiorari
Authored by: Anonymous on Monday, January 11 2010 @ 11:30 PM EST
Why didn't Novell file for a stay of the trial?

I thought the refusal of the AC to stay the trial pending an
appeal was sort of fishing. I think Novell by asking for a
stay would make it easier on them.

[ Reply to This | # ]

Will Novell's petition be available online?
Authored by: Steve Martin on Tuesday, January 12 2010 @ 08:07 AM EST
PJ, when Novell does file their petition, will it be available online, or will
someone have to make a trek to the Courthouse?


---
"When I say something, I put my name next to it." -- Isaac Jaffe, "Sports Night"

[ Reply to This | # ]

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