SCO Grp v. Novell Inc

Filing 741

Proposed Jury Verdict by Plaintiff SCO Group. (Hatch, Brent)

SCO Grp v. Novell Inc

Doc. 741

Brent O. Hatch (5715) [e-mail] Mark F. James (5295) [e-mail] HATCH, JAMES & DODGE, PC 10 West Broadway, Suite 400 Salt Lake City, Utah 84101 Telephone: [phone] Facsimile: [phone] David Boies (admitted pro hac vice) [e-mail] Robert Silver (admitted pro hac vice) [e-mail] Edward Normand (admitted pro hac vice) [e-mail] BOIES SCHILLER & FLEXNER LLP 333 Main Street Armonk, New York 10504 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff, The SCO Group, Inc.

Stuart Singer (admitted pro hac vice) [e-mail] Sashi Bach Boruchow (admitted pro hac vice) [e-mail] BOIES SCHILLER & FLEXNER LLP 401 East Las Olas Blvd. Suite 1200 Fort Lauderdale, Florida 33301 Telephone: [phone] Facsimile: [phone]

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH THE SCO GROUP, INC., by and through the Chapter 11 Trustee in Bankruptcy, Edward N. Cahn, Plaintiff/Counterclaim-Defendant, vs. NOVELL, INC., a Delaware corporation, Defendant/Counterclaim-Plaintiff. Civil No. 2:04 CV-00139 Judge Ted Stewart

SCO'S PROPOSED SPECIAL VERDICT FORM

Dockets.Justia.com

SLANDER OF TITLE 1. Did SCO acquire ownership of some or all of the UNIX and UnixWare copyrights through the amended APA? Yes ____ No _____

If Yes, answer the next question. If No, do not answer any other questions; sign and return this form.

2. Has Novell made one or more false statements with respect to SCO's ownership of UNIX and UnixWare copyrights? Yes ____ No _____

If Yes, answer the next question. If No, do not answer any other questions; sign and return this form.

3. Did Novell make any of its false statements without any privilege, or in a manner that abused or exceeded any privilege? Yes ____ No _____

If Yes, answer the next question. If No, do not answer any other questions; sign and return this form.

4. Did SCO show by clear and convincing evidence that Novell made one or more of its false statements with knowledge that the statements were false or with reckless disregard for the truth of the statements? Yes ____ No _____

Whether you answer Yes or No, proceed to Question No. 5.

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5. Did Novell cause SCO damages in making any of its false statements?

Yes ____

No _____

If Yes, answer the next question. If No, do not answer any other questions; sign and return this form.

6. What is the amount of damages that SCO has suffered? Please state the amount:

$ _____________________________________________________________

If you have awarded SCO damages, please proceed to the following question regarding punitive damages.

PUNITIVE DAMAGES 1. Do you award punitive damages against Novell?

Yes ____

No _____

2. What is the amount of punitive damages that you award against Novell?

$ ______________________________________________________________

Dated this ___ day of March, 2010 _______________________________________________________ Foreperson 3