SCO Grp v. Novell Inc

Filing 833

MOTION for Judgment as a Matter of Law NOVELL, INC.'S RULE 50(a) MOTION AT THE CLOSE OF ALL EVIDENCE filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (Brennan, Sterling)

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SCO Grp v. Novell Inc Doc. 833 WORKMAN | NYDEGGER A PROFESSIONAL CORPORATION Sterling A. Brennan (Utah State Bar No. 10060; E-mail: David R. Wright (Utah State Bar No. 5164: E-mail: Kirk R. Harris (Utah State Bar No. 10221; E-mail: Cara J. Baldwin (Utah State Bar No. 11863; E-mail: 1000 Eagle Gate Tower 60 E. South Temple Salt Lake City, Utah 84111 Telephone: (801) 533-9800 Facsimile: (801) 328-1707 MORRISON & FOERSTER LLP Michael A. Jacobs (Admitted Pro Hac Vice; E-mail: Eric M. Acker (Admitted Pro Hac Vice; E-mail: Grant L. Kim (Admitted Pro Hac Vice; E-Mail: Daniel P. Muino (Admitted Pro Hac Vice; E-Mail: 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 Attorneys for Defendant and Counterclaim-Plaintiff Novell, Inc. IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION THE SCO GROUP, INC., a Delaware corporation, Plaintiff, vs. Judge Ted Stewart NOVELL, INC., a Delaware corporation, Defendant. Case No. 2:04CV00139 NOVELL, INC.'S RULE 50(a) MOTION AT THE CLOSE OF ALL EVIDENCE AND RELATED COUNTERCLAIMS. 1 Defendant Novell, Inc. ("Novell") respectfully moves the Court to grant judgment as a matter of law in favor of Novell because plaintiff The SCO Group, Inc. ("SCO") has failed to introduce legally sufficient evidence upon which a reasonable jury could find for SCO on its claim for slander of title. Specifically, SCO has not shown that: (1) Novell acted with constitutional malice, (2) Novell's statements were disparaging, (3) Novell's statements were unprivileged, (4) Novell's statements were false, or (5) Novell's statements caused special damages. Moreover, SCO has failed to introduce sufficient evidence supporting an award of punitive damages. Novell's motion is supported by the accompanying memorandum of points and authorities. DATED: March 26, 2010 Respectfully submitted, By: /s/ Sterling A. Brennan WORKMAN NYDEGGER MORRISON & FOERSTER LLP Attorneys for Defendant and Counterclaim-Plaintiff Novell, Inc. 2

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