Novell's Proposed Findings of Fact and Conclusions of Law

 
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Old 04-20-2010
Novell's Proposed Findings of Fact and Conclusions of Law

Novell has filed its Proposed Findings of Fact and Conclusions of Law in SCO v. Novell, one of the two documents that the judge has been waiting for prior to reaching his decision on the issues he was to decide after the jury reached its verdict on copyright ownership:
04/19/2010 - 852 - Proposed Findings of Fact by Novell, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Brennan, Sterling) (Entered: 04/19/2010)

We've been expecting SCO to file also, but so far, there is nothing. We may have to wait until tomorrow. The previous article explained what Judge Ted Stewart must now decide. Novell expresses it like this in the introduction:
Following the jury's verdict in Novell's favor, three claims remain for the Court toresolve: (1) SCO's claim for specific performance, directing Novell presently to transfer theUNIX copyrights to SCO; (2) Novell's request for declaratory relief on the scope of its waiverrights under Section 4.16(b) of the Asset Purchase Agreement ("APA"); and (3) SCO's claimthat Novell breached the implied covenant of good faith and fair dealing by exercising its rightsunder Section 4.16(b) of the APA to waive SCO's purported claims against SVRX licensees.
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