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Exhibits to Microsoft's Cross Motion for Summary Judgment in Novell WordPerfect Case
Monday, November 23 2009 @ 11:46 PM EST

I'm so glad you answered my question with a resounding Yes as to whether you wanted to get all the exhibits attached to Microsoft's Memorandum of Law [PDF] in support of Microsoft's cross motion for summary judgment in the Novell v. Microsoft antitrust litigation. We finally find out what Microsoft paid Caldera to settle the DrDOS litigation back in 2000: $280 million. We even get to read the settlement agreement. It's attached as an exhibit. Can you imagine? I'm so surprised.

The settlement terms were sealed for all these years, but lo and behold, now that mystery is solved. There are many more goodies on the list of exhibits.

We also find out what Caldera/Canopy then paid Novell from that $280 million: $35.5 million at first, and then after Novell successfully sued Canopy in 2004, Caldera's successor-in-interest on this matter, an additional $17.7 million, according to page 16 of the Memorandum.

Microsoft claims that Novell is not the real party in interest in this antitrust case, and so it can't sue Microsoft for the claims it has lodged against it, because, Microsoft says, Novell sold its antitrust claims to Caldera when it sold it DrDOS. So the exhibits are trying to demonstrate that Novell got paid in full, so to speak, via that earlier litigation. As a result, we get to read a number of documents from the Novell v. Canopy litigation. Novell responds [PDF] it retained its antitrust claims in the applications market.

So those are the parties' positions, but to us, this is a history. We have all the Microsoft exhibits for you, thanks to your kind donations, and there are a lot of exhibits. We'll be posting all the exhibits to the Novell response in opposition to this motion next, so keep in mind this is only half of the story.

Here, then, so you can follow along, are the attachments followed by the exhibits attached to Steven Holley's affidavit, which tells us what all of the other exhibits are:

Attachments:

  • Text of Proposed Order

  • Memorandum of Law In Support

  • Appendix Unpublished Cases

  • Appendix Ex A

  • Appendix Ex B

  • Affidavit of Steven Holley

    • Affidavit Ex 1 - Asset Purchase Agreement between Novell and Caldera dated July 23, 1996

    • Affidavit Ex 2 - Settlement Agreement between Microsoft and Caldera, dated January 7, 2000

    • Affidavit Ex 3 - Novell's 10-Q dated September 13, 1994

    • Affidavit Ex 4 - Transcript (relevant pages) of oral argument on Microsoft's motion to dismiss Novell's complaint, June 7, 2005

    • Affidavit Ex 5 - Declaration of Roger G. Noll, dated May 1, 2009 (excerpts)

    • Affidavit Ex 6 - Reply Report of Roger G. Noll, dated July 24, 2009 (excerpts)

    • Affidavit Ex 7 - Memorandum from David R. Bradford to Novell Board of Directors, November 18, 1994

    • Affidavit Ex 8 - Declaration of Stephen J. Hill, submitted in Novell, Inc. v. Canopy Group, Inc., dated May 2, 2002

    • Affidavit Ex 9 - Memorandum from David R. Bradford to Novell Board of Directors, April 12, 1995

    • Affidavit Ex 10 - Copy of a draft complaint captioned Novell, Inc. v. Microsoft Corp. (D. Utah)

    • Affidavit Ex 11 - Memorandum of David R. Bradford to Novell Board of Directors et al., dated April 27, 1995

    • Affidavit Ex 12 - Memorandum of David R. Bradford to Bob Frankenberg, dated April 27, 1995

    • Affidavit Ex 13 - Memorandum of David R. Bradford to Bob Frankenberg et. al., dated May 10, 1995

    • Affidavit Ex 14 - Letter from Robert J. Frankenberg to William H. Gates, June 23, 1995

    • Affidavit Ex 15 - Letter from William H. Gates to Robert J. Frankenberg, July 20, 1995

    • Affidavit Ex 16 - Letter from Robert J. Frankenberg to William H. Gates, August 21, 1995

    • Affidavit Ex 17 - Novell's 10-Q dated March 12, 1996

    • Affidavit Ex 18 - Email from David Bradford to Robert Frankenberg, May 9, 1996

    • Affidavit Ex 19 - Memo from Rob Hicks to David Bradford, April 23, 1996
    • Affidavit Ex 20 - Minutes of a meeting of Novell's Board of Directors, May 23, 1996

    • Affidavit Ex 21 - Memo from Stephen Hill to David Bradford, May 23, 1996

    • Affidavit Ex 22 - Memo from David Bradford to Bob Frankenberg, July 23, 1996

    • Affidavit Ex 23 - Memo from David Bradford to Bob Frankenberg, Mary Burnside and Jim Tolonen, July 10, 1996

    • Affidavit Ex 24 - Relevant pages of the transcript of the deposition of Bryan Wayne Sparks, taken in Novell v. Canopy on September 10, 2001

    • Affidavit Ex 25 - Relevant pages of the transcript of the deposition of Robert Frankenberg, March 25, 1996

    • Affidavit Ex 26 - Relevant pages of the transcript of the deposition of Ransom H. Love, taken in Novell, Inc. v. Canopy Group, Inc. on August 1, 2001

    • Affidavit Ex 27 - Relevant pages of the transcript of the deposition of Greg Jones, taken in Novell v. Canopy on February 20, 2002

    • Affidavit Ex 28 - Letter from David R. Bradford to Gary Reback, August 16, 1996

    • Affidavit Ex 29 - Complaint filed by Caldera in Caldera, Inc. v. Microsoft Corp., dated July 23, 1996

    • Affidavit Ex 30 - Amended Complaint filed by Caldera in Caldera v. Microsoft dated February 12, 1998

    • Affidavit Ex 31 (Notice of Filing of Lengthy Exhibit) - Complaint filed by Novell in this action dated November 12, 2004

    • Affidavit Ex 32 - Order granting a Microsoft motion to compel filed in this action, dated Aug. 26, 2008

    • Affidavit Ex 33 - Complaint filed by the United States in United States v. Microsoft Corp., dated July 15, 1994

    • Affidavit Ex 34 - Email from David Bradford to Stephen Hill, dated February 28, 1997

    • Affidavit Ex 35 Letter from David R. Bradford to Stephen J. Hill, dated March 31, 1998

    • Affidavit Ex 36 - Fax from Sherise Crosby to Steve Hill, dated August 9, 1996

    • Affidavit Ex 37 - Fax from Renata M. Sos to Stephen J. Hill, dated August 21, 1996

    • Affidavit Ex 38 - Email from David Bradford to Geoff Boorman et al., dated May 11, 1998

    • Affidavit Ex 39 - Email from David Bradford to philm at summitlaw.com (with a copy to shill at scm.com and Richard Rife), dated September 3, 1998

    • Affidavit Ex 40 - Relevant pages of the transcript of the oral argument on Novell's motion to intervene in Caldera v. Microsoft, dated July 16, 1998

    • Affidavit Ex 41 - Email exchange between David Bradford and Stephen Hill, dated July 29, 1998

    • Affidavit Ex 42 - Email from David Bradford to Peter Troop, dated January 7, 2000

    • Affidavit Ex 43 (Notice of Filing Lengthy Exhibit) - Novell's Complaint in Novell v. Canopy (originally captioned Novell, Inc. v. Caldera, Inc.], filed June 16, 2000

    • Affidavit Ex 44 - Ruling on Novell's motion for partial summary judgment in Novell v. Canopy dated August 14, 2002

    • Affidavit Ex 45 - Judgment in Novell v. Canopy, filed February 10, 2003

    • Affidavit Ex 46 - Brief of Appellant Microsoft, filed on appeal from the motion to dismiss in this action, dated April 13, 2006

    • Affidavit Ex 47 - Microsoft's Memorandum in Support of its Motion to Compel Production of Documents in this action, filed August 8, 2008

    • Affidavit Ex 48 - Microsoft's Memorandum in Opposition to Novell's Motion for Summary Judgment on Six Defenses in this action, dated August 22, 2008

    • Affidavit Ex 49 - Order denying Novell motion for partial summary judgment in this action, dated August 28, 2008

    • Affidavit Ex 50 - Novell's complaint to the European Commission against Microsoft, dated April 26, 1993

    • Affidavit Ex 51 - Memo from David R. Bradford to file, dated April 1, 1996

    • Affidavit Ex 52 - Affidavit of Ryan L. Richards, sworn to on April 23, 2009

    • Affidavit Ex 53 - Relevant pages of the transcript of the deposition of Robert Hicks, taken in Novell v. Canopy on July 13, 2001

    • Affidavit Ex 54 - Order of Dismissal in Caldera v. Microsoft, dated January 10, 2000

    • Affidavit Ex 55 - Stipulation of Settlement in Caldera v. Microsoft.

    • Affidavit Ex 56 - Relevant pages of the transcript of the deposition of Roger G. Noll, PhD., taken in this action on September 10, 2009

Enjoy! And thank you for helping us complete this project. This is computer history, and we have preserved it.

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