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Novell Moves for Judgment on Slander; SCO Moves to Limit Closing Argument
Friday, March 26 2010 @ 10:38 AM EDT

Novell moves for judgment on slander of title and damages:
Defendant Novell, Inc. (ďNovellĒ) respectfully moves the Court to grant judgment as a matter of law in favor of Novell because plaintiff The SCO Group, Inc. (ďSCOĒ) has failed to introduce legally sufficient evidence upon which a reasonable jury could find for SCO on its claim for slander of title. Specifically, SCO has not shown that: (1) Novell acted with constitutional malice, (2) Novellís statements were disparaging, (3) Novellís statements were unprivileged, (4) Novellís statements were false, or (5) Novellís statements caused special damages. Moreover, SCO has failed to introduce sufficient evidence supporting an award of punitive damages.
Meanwhile, The SCO Group wants to limit Novell's closing arguments:
Plaintiff, the SCO Group, Inc., respectfully submits this memorandum of points and authorities concerning the proper scope of closing arguments. Specifically, documents and testimony that have not been admitted into evidence at trial should not be shown or read to the jury, such as the demonstratives used by Novell during the testimony of Novellís expert, Mr. Terry Musika. SCO also objects to any attempt by Novell to argue to the jury that Novellís assertion to ownership applied only to UNIX, and not to UnixWare copyrights, extant at the time of the APA. SCO further objects to any attempt to argue to the jury points contrary to questions of law that have been decided by the Tenth Circuit opinion in this case.


Here are the filings:

03/25/2010 - 832 - Memorandum of Points and Authorities Concerning the Proper Scope of Closing Arguments filed by Plaintiff SCO Group. (Hatch, Brent) (Entered: 03/25/2010)

03/26/2010 - 833 - MOTION for Judgment as a Matter of Law NOVELL, INC.'S RULE 50(a) MOTION AT THE CLOSE OF ALL EVIDENCE filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (Brennan, Sterling) (Entered: 03/26/2010)

03/26/2010 - 834 - MEMORANDUM in Support re 833 MOTION for Judgment as a Matter of Law NOVELL, INC.'S RULE 50(a) MOTION AT THE CLOSE OF ALL EVIDENCE filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (Brennan, Sterling) (Entered: 03/26/2010)


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