Novell moves another piece forward in this intricate chess game of preparation for the upcoming trial in
SCO v. Novell, filing a Request for Judicial Notice of Prior Factual Findings:
Novell ... respectfully requests that the Court take judicial notice of certain factual findings that were previously made by this Court and affirmed by the Tenth Circuit or not appealed.
My first reaction was that Novell would at least like to make sure that points Novell has already won both at the district court level before Judge Kimball and which were confirmed on appeal or never appealed don't have to be won again before Judge Stewart. We have seen in the past where SCOfolk tend to bring old issues up again and again, after all.
But it's deeper than that. Now that the court here has ruled on most of the motions in limine, Novell is now free to propose a list of items it won before Judge Kimball and that were upheld on appeal (or not appealed at all) and in some cases confirmed by Judge Stewart when he granted a particular Novell motion in limine. So they do that. In other cases, as you'll see when you read the filing, it has to do with issues where the judge granted a Novell motion in limine so that a particular SCO claim was tossed out of the case, but Novell would like the earlier factual findings from that claim mentioned to the jury, because they touch on other claims still in the litigation. And in at least one case, it's a way to make sure the jury knows the full picture, not just the tiny slice SCO would like it to hear about.
Here's the
definition of what a request for definition is. If the court agrees to the list, then the facts will be presented to the jury in the jury instruction as uncontroverted facts they have to accept as reality and not something for them to figure out anew.
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