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.
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
Office of the Clerk
Byron White United States Courthouse
1823 Stout Street
Denver, Colorado 80257
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