Reports from the Courtroom: Oral Argument at 10th Circuit Court of Appeals – SCO v. Novell

“Our reporter at the oral argument in SCO’s appeal of its loss
to Novell before the jury and before the judge in Utah District
Court today has now filed his reports. It sounds from the reports
like it went quite well for Novell, although we can’t be sure until
the order issues, which could be months.

“Would it amaze you if I told you that the report shows that SCO
raised an entirely new argument today for the first time? That’s a
no-no. Well, they are The Amazings. Also, SCO’s version of what the
10th Circuit ruling was after its first appeal is … well, read it
for yourself, and you will see why the judges kept correcting SCO
today. At the end, SCO’s lawyer, Stuart Singer of Boies Schiller,
and Novell’s, Michael A. Jacobs of Morrison & Foerster, shook
hands. I am not a betting person, but if I had to, I’d bet that it
was Jacobs who offered his hand first. He’s always so genial.

“Enjoy. I’ll add any further details that arrive. And a huge
thank you to Clocks, who had to brave snow for us and whose typing
fingers are exhausted. He did a wonderful job of capturing the
flavor of the day.”

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