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Novell hires David Boies and Stuart Singer in Appeal of Wordperfect Case v. Microsoft ~pj |
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Thursday, October 04 2012 @ 01:17 PM EDT
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In the appeal of the Novell v. Microsoft case, the one about WordPerfect, Novell has hired David Boies and Stuart Singer of Boies Schiller, adding that firm to the team. After watching and writing about Boies Schiller's fancy dancing in the SCO saga, where it did a belly flop from the high dive, I assume you can imagine my reaction when I got the news. But, as Dylan sings, people are crazy and times are strange ... I used to care, but things have changed. When Novell did that toxic patent deal with Microsoft, it was a sea change. I hope my inner thoughts prove unfounded. But to tell you the truth, they usually are on the money. It will not amaze me if Novell loses now, but it's fine if I am proven wrong. This appeal is in the 10th Circuit, the same circuit as the SCO v. Novell appeal all those man-years ago. Also on the team now from the firm are Jonathan and Joshua Schiller and Samuel Kaplan. Leaving is John E. Schmidtlein of the law firm of Williams & Connolly LLP. Microsoft "does not oppose" him leaving. The rest of the team is still in place. This means there is a new schedule for filing the appeals briefs. Novell will file by November 21, 2012; Microsoft files by January 23, 2013; and Novell replies by February 22, 2013.
The docket:
09/18/2012 [10002544] Notice of appearance submitted by David
Boies & Joshua Schiller for Appellant Novell, Inc. for court review.
Certificate of Interested Parties: No. Served on 09/18/2012. Manner of
Service: ECF/NDA. [12-4143] --[Edited 09/18/2012 by AT to remove PDF
as pleading was filed on 9/18/12.] JIS
09/18/2012 Open Document [10002585] Notice of appearance filed by Mr.
Joshua I. Schiller and Mr. David Boies for Novell, Inc. CERT. OF
INTERESTED PARTIES: n. Served on 09/18/2012. Manner of Service:
ECF/NDA. [12-4143]
09/18/2012 [10002646] Notice of appearance submitted by Samuel
Kaplan for Appellant Novell, Inc. for court review. Certificate of
Interested Parties: No. Served on 09/18/2012. Manner of Service:
ECF/NDA. [12-4143]--[Edited 09/18/2012 by KLP to delete the
attachment; entry filed.] SK
09/18/2012 Open Document [10002668] Notice of appearance filed by Mr.
Samuel Kaplan for Novell, Inc. CERT. OF INTERESTED PARTIES: n. Served
on 09/18/2012. Manner of Service: ECF/NDA and Federal Express. [12-4143]
09/19/2012 Open Document [10002846] Admissions letter sent. Response
date set to 10/19/2012 for Joshua I. Schiller. [12-4143]
09/19/2012 [10003067] Notice of appearance submitted by Stuart
Singer for Appellant Novell, Inc. for court review. Certificate of
Interested Parties: No. Served on 09/19/2012. Manner of Service:
ECF/NDA. [12-4143] --[Edited 09/19/2012 by SLS to remove PDF file from
docket entry.] SHS
09/19/2012 Open Document [10003111] Notice of appearance filed by Mr.
Stuart H. Singer for Novell, Inc. CERT. OF INTERESTED PARTIES: n.
Served on 09/19/2012. Manner of Service: ECF/NDA, FedEx. [12-4143]
09/28/2012 Open Document [10005917] On the court's own motion and
pursuant to 10th Cir. R. 33.1, order filed by (CLK) extending time to
file appellant's brief until 11/21/2012. Appellant's brief and
appendix due on 11/21/2012 for Novell, Inc. Appellee's brief due
01/23/2013 for Microsoft Corporation. Reply brief due 02/22/2013 for
Novell, Inc. [12-4143]
10/01/2012 Open Document [10006144] Motion filed by Appellant Novell,
Inc. for attorney John E. Schmidtlein to withdraw as counsel.. Served
on: 10/01/2012. Manner of service: ECF/NDA. [12-4143] JMJ
10/01/2012 Open Document [10006231] Order filed by Clerk of the Court
granting Attorney John E. Schmidtlein's motion to withdraw as counsel
for the appellant. Served on 10/01/2012. [12-4143]
As you can see, Boies Schiller messed up and had to refile twice. The Boies Schiller issues that we saw in arranging depositions in the SCO saga strike again? Already?
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Authored by: Kilz on Thursday, October 04 2012 @ 01:30 PM EDT |
please mention the mistake in the title of your post. [ Reply to This | # ]
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Authored by: Kilz on Thursday, October 04 2012 @ 01:31 PM EDT |
For all posts that are not on topic. [ Reply to This | # ]
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Authored by: Kilz on Thursday, October 04 2012 @ 01:33 PM EDT |
Please mention the new story's name in the title of the top
post. A link back to the news story in the top post is
helpful as they do fall off the Home page.[ Reply to This | # ]
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Authored by: Kilz on Thursday, October 04 2012 @ 01:35 PM EDT |
Please post all transcriptions of Comes exhibits here for PJ.
Please post the html in Plain Text mode so that she can
easily copy it.[ Reply to This | # ]
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Authored by: Kilz on Thursday, October 04 2012 @ 01:37 PM EDT |
It should be interesting to see Boies do more than dance, at
least I hope he can.[ Reply to This | # ]
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Authored by: Anonymous on Thursday, October 04 2012 @ 01:37 PM EDT |
PJ, I think you are conflating SCO with its lawyers. SCO *had
no case*, and yet BSF was able to drag it out for 10 years.
In the process, SCO got at least 25M in "investments", all of
which has now been "spent". That's an amazing performance.
Sure, SCO didn't get billions and billions it was dreaming
about, but that was just not realistic (unless IBM or Novell
caved). BSF performed very well, considering what it had to
work with.[ Reply to This | # ]
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Authored by: Anonymous on Thursday, October 04 2012 @ 02:07 PM EDT |
I suspect Novell picked up Boies for this role now
specifically because of
the history with the DoJ antitrust
suit against Microsoft. Not only did
BS&F put on an
outstanding show at trial, they have an intimate knowledge
of what worked then, what antitrust claims are likely
already exhausted, and
how that history can be leveraged in
the instant action.
As far as this
change in gears from the BS&F role in the
SCO saga...well, haven't we seen
this before? MoFo has
worked both sides as well, if I recall. I'm reminded of
a
line from the bumbling idiot lawyer representing Mr. "Not
Sure" in
Idiocracy: "I like money..." [ Reply to This | # ]
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Authored by: Anonymous on Thursday, October 04 2012 @ 05:03 PM EDT |
Since, from what I've read, and at least in theory, the SCO suits are still in
play, isn't this a conflict of interest for Boies? Or did the husk of SCO
finally drop any further appeals of it's action against Novell?
--W. H. Heydt[ Reply to This | # ]
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Authored by: SpaceLifeForm on Thursday, October 04 2012 @ 05:55 PM EDT |
Prevent Microsoft from hiring them?
---
You are being MICROattacked, from various angles, in a SOFT manner.[ Reply to This | # ]
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Authored by: Anonymous on Thursday, October 04 2012 @ 10:51 PM EDT |
...either Boies Schiller loses or Microsoft loses. Either way, it's a win :-) [ Reply to This | # ]
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Authored by: Anonymous on Thursday, October 04 2012 @ 11:13 PM EDT |
Of course we know irony hoes here [ Reply to This | # ]
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Authored by: Anonymous on Friday, October 05 2012 @ 03:36 AM EDT |
Perhaps for Novell playing dirty is the only option left in this court, and they
want the best lawyers for that.[ Reply to This | # ]
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Authored by: Anonymous on Friday, October 05 2012 @ 06:57 PM EDT |
David Boies has lost every big case he's ever litigated. I have no ideas why
companies continue to pay thousands of dollars to have a proven loser cost them
money, I know plenty of lawyers who will do that for free.[ Reply to This | # ]
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- David Boies - Authored by: PJ on Friday, October 05 2012 @ 07:02 PM EDT
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Authored by: Anonymous on Friday, October 05 2012 @ 08:43 PM EDT |
I assume you can imagine my reaction when I got the news. But, as
Dylan sings, people are crazy and times are strange ... I used to care, but
things have changed. When Novell did that toxic patent deal with Microsoft, it
was a sea change. I hope my inner thoughts prove unfounded. But to tell you the
truth, they usually are on the money. It will not amaze me if Novell loses now,
but it's fine if I am proven wrong.
No doubt you were surprised,
but beyond that, I have no idea how you reacted.
Novell's case is so
weak it barely squeaked by in its last appeal. Surviving this one will be even
more difficult. Despite that, you've created expectations that Novell would win.
So are expectations being lowered to more realistic levels now, with the blame
being hung on BSF?
Last time one judge (on the three judge panel)
thought that it would be impossible for Novell to win, but the other two thought
that Novell might have a chance of proving enough to win on one claim. That was
before the trial, so they couldn't see what evidence Microsoft and Novell had,
nor how the witnesses would testify. They had to assume that all of the evidence
would show what Novell said it would show. (All assumptions were made in
Novell's favor.)
This appeal is different from the first because it is
occurring after the trial. Any weaknesses in Novell's evidence and any strengths
of Microsoft's evidence are known now. There are fewer things that can be
assumed in Novell's favor. Unless everything went perfectly for Novell, its
position is necessarily going to be weaker. If Novell couldn't convince all
three judges last time, would it be surprising if it couldn't convince at least
two of them this time?
I think not and I don't think it has anything to
do with BSF.[ Reply to This | # ]
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