decoration decoration

When you want to know more...
For layout only
Site Map
About Groklaw
Legal Research
ApplevSamsung p.2
Cast: Lawyers
Comes v. MS
Gordon v MS
IV v. Google
Legal Docs
MS Litigations
News Picks
Novell v. MS
Novell-MS Deal
OOXML Appeals
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v Novell
Sean Daly
Software Patents
Switch to Linux
Unix Books


Groklaw Gear

Click here to send an email to the editor of this weblog.

You won't find me on Facebook


Donate Paypal

No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.

What's New

No new stories

COMMENTS last 48 hrs
No new comments


hosted by ibiblio

On servers donated to ibiblio by AMD.

Novell v. Microsoft WordPerfect Appeal: Oral Argument Probably May 9th - David Boies for Novell ~pj
Tuesday, February 12 2013 @ 02:30 AM EST

Can you please go? Anyone? It's going to be David Boies himself speaking for Novell in the Novell v. Microsoft WordPerfect antitrust appeal before the 10th Circuit Court of Appeals in Denver. According to this letter [PDF] filed with the court, the parties suggest to the court that the best day for them would be May 9th. It's not set in stone until the court sets it officially as the date for oral argument, but we should start to plan, I think. This court, if you recall, doesn't provide transcripts ever, and there's no audio either unless they grant your wish to have one, which they don't always, so unless we attend that very day, we are probably going to be left totally in the dark.

If anyone is in the Denver area or is free to get there in May, it's time to start to plan. It's a wonderful opportunity to see Mr. Boies in person doing what he does best. And David Tulchin, for Microsoft, is considered one of the best appellate lawyers in the country. And most of all, the Groklaw family is hoping for news from the courtroom, if there is any way a volunteer can be available.

It's not hard. Just show up with plenty of pens and paper, and take notes as you are able, but watch and listen mostly too, and then just tell us what you saw and heard. I'll give you more details if you email me that you can attend.

The parties' briefs tell you what they'll be covering that day, and if you read them, you'll have no trouble following along. Here's where you can find Novell's, and here's Microsoft's. Here's the lower court's opinion that is being appealed. You can see a picture of the courtroom on the court's website. And here's the FAQ [PDF] for the attorneys, which provides the court's rules regarding cell phones (turn them off), security checks (yes), and the use of laptops (for taking notes only). But always be prepared for any last-minute changes.

And one thing is for sure: Boies is famous for making the complex simple and easy to follow, so it should be enjoyable. At his age, he may not be working for that many more years, and for that reason, historians will thank you too if you can provide an eyewitness account of him at this point in his career, particularly if he turns this case around for Novell.

No pressure.

: )

But can anyone step forward? If money is an issue, Groklaw will try to help out. I'm really worried about not being able to cover this, and Microsoft isn't likely to give us their transcript, or David Boies either, I'm thinking. It'd be a crying shame to miss this, after working as hard as we did on those Comes v. Microsoft exhibits, some of which turned up as part of this long and complicated story.

Here's the letter, as text:

Boies, Schiller & Flexner LLP

February 8, 2013

United States Court of Appeals
Tenth Circuit
Office of the Clerk
Byron White United States Courthouse
1823 Stout Street
Denver, Colorado 80257

Dear Sir/Madam:

Re: Novell, Inc. v. Microsoft Corporation - Case No. 12-4143

I am an attorney at Boies, Schiller and Flexner counsel for appellant Novell, Inc. Both appellant and appellee have requested oral argument in this appeal. Both parties have conferred with regard to their respective availability during the week of May 6th through May 10th when the Court will next set a schedule for oral arguments.

Due to conflicts for both parties, May 9th is currently the only day during that week when David Boies and David Tulchin, the attorneys who will argue on behalf of appellant and appellee, are both available.

Therefore, appellant respectfully requests that the oral argument be scheduled for May 9, 2013. Appellee has informed appellant that they are amenable to scheduling oral argument for that day.



Joshua I. Schiller

Cc: Counsel for Appellee


Novell v. Microsoft WordPerfect Appeal: Oral Argument Probably May 9th - David Boies for Novell ~pj | 67 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
" doesn't provide transcripts ever"
Authored by: Anonymous on Tuesday, February 12 2013 @ 03:34 AM EST
Is that allowed?

[ Reply to This | # ]

Corrections Thread
Authored by: bugstomper on Tuesday, February 12 2013 @ 04:43 AM EST
Please summarize in the Title box error->correction or s/error/correction/ to
make it easy to scan see what needs to be corrected and to avoid duplication of

[ Reply to This | # ]

Off Topic threads
Authored by: bugstomper on Tuesday, February 12 2013 @ 04:43 AM EST
Please stay off topic in these threads. Use HTML Formatted mode to make your
links nice and clickable.

[ Reply to This | # ]

News Picks Threads
Authored by: bugstomper on Tuesday, February 12 2013 @ 04:56 AM EST
Please type the title of the News Picks article in the Title box of your
comment, and include the link to the article in HTML Formatted mode for the
convenience of the readers after the article has scrolled off the News Picks

Hint: Use Preview to check that your links are ok. Geeklog may post long links
incorrectly unless you insert line breaks at punctuation points to make short
lines such as

<a href="

[ Reply to This | # ]

Comes transcripts here
Authored by: bugstomper on Tuesday, February 12 2013 @ 04:58 AM EST
Please post your transcriptions of Comes exhibits here with full HTML markup but posted in Plain Old Text mode so PJ can copy and paste it

See the Comes Tracking Page to find and claim PDF files that still need to be transcribed.

[ Reply to This | # ]

Novell v. Microsoft WordPerfect Appeal: Oral Argument Probably May 9th - David Boies for Novell ~pj
Authored by: vadim on Tuesday, February 12 2013 @ 05:07 AM EST
I understand that using audio recorders in courtroum is

So using an audio record function of a PC is prohibited too.
However what about speech to text software? It is basically
note taking assistant...

[ Reply to This | # ]

I recently moved to Denver and can probably go to this; I will put it on my calendar (n/t)
Authored by: TennSeven on Tuesday, February 12 2013 @ 11:13 AM EST

[ Reply to This | # ]

Novell v. Microsoft WordPerfect Appeal: Oral Argument Probably May 9th - David Boies for Novell ~pj
Authored by: Anonymous on Tuesday, February 12 2013 @ 08:16 PM EST
I may be able to attend (I live just outside of Denver). I've
done a fair amount of IT-related expert witness work over the
past 13 years, so I'll be able to follow what's going on from
both a procedural and an argument point of view.

[ Reply to This | # ]

Novell v. Microsoft WordPerfect Appeal: Oral Argument Probably May 9th - David Boies for Novell ~pj
Authored by: Anonymous on Friday, February 15 2013 @ 06:36 PM EST
Account creation seems to be disabled, but I'd be willing to travel to Denver
and sit through the entirety of the trial to the best my of ability. Something
like this needs to be documented for the future.

- Michael

[ Reply to This | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )