"SCO caved on its voluntarily dismissed claims, then, and Novell
did not. So, another loss for SCO. No matter what happens on
appeal, then, SCO can't resurrect those claims. It can appeal the
rest of the matters it lost in August 2007 and July of 2008.
"Novell, however, in an identical circumstance, can pull its
voluntarily dismissed claims out of its back pocket and go after
SCO. And I'm sure it would. In the wording of the judgment, Novell
has "the right to pursue these claims only in this action, should
there be a subsequent adjudication or trial in this action." So if
there were an appeal and SCO got the case sent back to Utah for a
jury trial, for example, SCO's favorite daydream, then Novell could
bring back to the courtroom all its voluntarily dismissed
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