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Novell hires David Boies and Stuart Singer in Appeal of Wordperfect Case v. Microsoft ~pj
Thursday, October 04 2012 @ 01:17 PM EDT

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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