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Microsoft Organized Consortium Withdraws Filing in Germany - Will Refile
Tuesday, January 11 2011 @ 06:45 PM EST

The Microsoft-organized consortium hoping to buy Novell's 882 patents has withdrawn its plan filed with German regulators:
Early in December Microsoft, Apple, EMC and Oracle notified the German regulator that they planned to form CPTN Holdings with a view to purchasing 882 of Novell's patents. But the filing was withdrawn (Rücknahme) on Dec. 30. No reason was given for the withdrawal by German authorities, but it is likely voluntary as authorities would not yet have had time to investigate the proposal.

However, in recent weeks the German Federal Cartel Office has received letters and recommendations from various open-source organizations including the U.S.-based Open Source Initiative (OSI) and the Free Software Foundation Europe (FSFE).

Todd Bishop of TechFlash, however, reports that Microsoft says it was a procedural move, to allow more time for review. That makes no sense to me, so stay tuned. Steven J. Vaughan-Nichols now confirms that Microsoft told him the same thing, that the deal is still on:
Sources close to Novell told me that was indeed the case. The CPTN group will be re-filing to obtain the patents. Their plans haven’t changed a bit. A Microsoft representative confirmed that CPTN was still planning on buying the patents. The PR rep said, “This is a purely procedural step necessary to provide time to allow for review of the proposed transaction.”
I believe they need more time, but why? I don't know what process such a procedural step could be part of.

The Explanation:

Carlo Piana noticed the withdrawal in Novell Revised Proxy Statement filed with the SEC a week or so ago. And it reads:

The parties to the merger originally filed their respective notification and report forms pursuant to the HSR Act with the FTC and DOJ on December 1, 2010 and the initial 30-day waiting period would have expired on December 31, 2010. In order to provide the DOJ with additional time to review the information submitted by the parties, Attachmate is voluntarily withdrawing its HSR Act notification form, effective December 31, 2010 and intends to re-file for the same transaction on or about January 3, 2011. The effect of this re-filing will also be to extend the waiting period under the HSR Act to a date 30 days from the date of the re-filing, unless earlier terminated or extended by the DOJ requesting additional information from the parties.
Presumably the withdrawal in Germany is similar. So now we know and we can all breathe again normally.

: D


  


Microsoft Organized Consortium Withdraws Filing in Germany - Will Refile | 121 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Microsoft Organized Consortium Withdraws Filing in Germany
Authored by: dio gratia on Tuesday, January 11 2011 @ 07:06 PM EST

See also CPTN Holdings is still trying to buy Novell's patents, Paula Rooney and Steven J. Vaughn Nichols, ZDNET.

[ Reply to This | # ]

Off-Topic
Authored by: mattflaschen on Tuesday, January 11 2011 @ 08:18 PM EST
Posts about the article are strictly forbidden here.

[ Reply to This | # ]

Corrections
Authored by: mattflaschen on Tuesday, January 11 2011 @ 08:19 PM EST
If your correction is simple, put the title of your comment in the form of
Korrection->Correction.

[ Reply to This | # ]

Newspicks
Authored by: mattflaschen on Tuesday, January 11 2011 @ 08:21 PM EST
The place to share your thoughts on the latest news picks. Include the title of
the pick, and a HTML link in your post.

[ Reply to This | # ]

Comes
Authored by: mattflaschen on Tuesday, January 11 2011 @ 08:22 PM EST
The section to share your work on Comes transcripts. Post HTML, but use
"Plain Old Text" so PJ can easily copy the source.

[ Reply to This | # ]

Hart-Scott-Rodino and German regulation are separate
Authored by: mattflaschen on Tuesday, January 11 2011 @ 08:26 PM EST
Carlo Piana's note is about U.S. Hart-Scott-Rodino, not the German regulatory
filing. Presumably, the consortium is withdrawing both filings for similar
reasons. However, they're separate actions.

[ Reply to This | # ]

CPTN engaging BSF?
Authored by: Anonymous on Tuesday, January 11 2011 @ 09:12 PM EST
Who else keeps forgetting about the date of Christmas?

[ Reply to This | # ]

Today's date is January 11
Authored by: jpvlsmv on Tuesday, January 11 2011 @ 09:27 PM EST
According to the Novell proxy filing, Attachmate was supposed to have re-filed
more than a week ago. But instead of seeing that re-filing, we're now hearing
that the original request was withdrawn?

How odd. Is it just that it takes a while for these things to make their way
through the system, or was it withdrawn after the original deadline?

--Joe

[ Reply to This | # ]

I smell a rat
Authored by: Anonymous on Tuesday, January 11 2011 @ 09:59 PM EST
Withdraw the application

The objections filed "get lost"

Refile

Because there are no objections it passes.

[ Reply to This | # ]

  • I smell a rat - Authored by: Anonymous on Tuesday, January 11 2011 @ 10:54 PM EST
    • I smell a rat - Authored by: Anonymous on Tuesday, January 11 2011 @ 11:39 PM EST
      • I smell a rat - Authored by: Anonymous on Tuesday, January 11 2011 @ 11:52 PM EST
    • I smell a rat - Authored by: Anonymous on Wednesday, January 12 2011 @ 05:18 AM EST
  • Remember the flashing red light? - Authored by: Anonymous on Wednesday, January 12 2011 @ 11:17 AM EST
They get more time - so do we
Authored by: scav on Wednesday, January 12 2011 @ 04:00 AM EST
This presumably gives more free software projects time to
join OIN.

Actually, when I heard MS had withdrawn their offer, I half
suspected that PJ had torpedoed one of their motives for
doing the deal in the first place by telling everyone about
the OIN escape route from these patents.

We'll see how it goes.

---
The emperor, undaunted by overwhelming evidence that he had no clothes,
redoubled his siege of Antarctica to extort tribute from the penguins.

[ Reply to This | # ]

  • The next step - Authored by: Anonymous on Wednesday, January 12 2011 @ 01:25 PM EST
    • The next step - Authored by: Anonymous on Wednesday, January 12 2011 @ 05:03 PM EST
      • The next step - Authored by: Anonymous on Wednesday, January 12 2011 @ 07:29 PM EST
    • Standing? - Authored by: rsteinmetz70112 on Wednesday, January 12 2011 @ 11:20 PM EST
Not so fast: CPTN still wants to buy Novell's patents
Authored by: Anonymous on Wednesday, January 12 2011 @ 07:40 AM EST
Techflash and ZDNet both report that this is only a technicality to win time, because the takeover is delayed.

[ Reply to This | # ]

Attachmate Corporation and Longview Software
Authored by: Anonymous on Wednesday, January 12 2011 @ 09:43 AM EST
'Exact Software wins prestigious Microsoft partner award' link

'Exact Completes Acquisition of Longview Solutions' link

'Attachmate Corporation and Longview Software' link

[ Reply to This | # ]

Wayne Gray Squashed In 11th Circuit Appeal
Authored by: sk43 on Wednesday, January 12 2011 @ 08:13 PM EST
The 11th Circuit decision on Wayne Gray v. SCO.Novell, and X/Open was delivered last Friday.

http://www.ca11.usco urts.gov/unpub/ops/200911374.pdf

The District Court's decision against Gray was affirmed.

There is a very interesting discussion on the language of the APA and Amendment 2. Not helpful to SCO in the SCO/Novell imbroglio, methinks.

[ Reply to This | # ]

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