SCO Grp v. Novell Inc

Filing 835

MOTION for Judgment as a Matter of Law SCO'S RULE 50(a) MOTION AT THE CLOSE OF ALL EVIDENCE filed by Plaintiff SCO Group. (Hatch, Brent)

SCO Grp v. Novell Inc

Doc. 835

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. Judge Ted Stewart SCO'S RULE 50(a) MOTION AT THE CLOSE OF ALL EVIDENCE Civil No. 2:04 CV-00139

Dockets.Justia.com

Plaintiff, The SCO Group, Inc. ("SCO"), respectfully hereby moves the Court at the close of all the evidence under Rule 50(a) for judgment as a matter of law in favor of SCO because defendant, Novell, Inc. ("Novell") has failed to introduce legally sufficient evidence upon which a reasonable jury could find that SCO did not acquire ownership of the UNIX and UnixWare copyrights under the amended Asset Purchase Agreement ("APA"). Specifically, SCO has shown that (1) SCO acquired all "copyrights and trademarks owned by Novell as of the date of the Agreement required for SCO to exercise its rights with respect to the acquisition of UNIX and UnixWare technologies"; and (2) SCO requires the UNIX and UnixWare copyrights to exercise its rights with respect to the UNIX business. Novell has not introduced legally sufficient evidence upon which a reasonable jury could that SCO does not require the UNIX and UnixWare copyrights to exercise its rights with respect to the UNIX business. SCO's motion is supported by the accompanying memorandum of points and authorities, DATED this 26th day of March, 2010. By: /s/ Brent O. Hatch HATCH, JAMES & DODGE, P.C. Brent O. Hatch Mark F. James BOIES, SCHILLER & FLEXNER LLP David Boies Robert Silver Stuart H. Singer Edward Normand Sashi Bach Boruchow Counsel for The SCO Group, Inc.

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CERTIFICATE OF SERVICE I, Brent O. Hatch, hereby certify that on this 26th day of March, 2010, a true and correct copy of the foregoing SCO's RULE 50(a) MOTION AT THE CLOSE OF ALL EVIDENCE was filed with the court and served via electronic mail to the following recipients: Sterling A. Brennan David R. Wright Kirk R. Harris Cara J. Baldwin WORKMAN | NYDEGGER 1000 Eagle Gate Tower 60 East South Temple Salt Lake City, UT 84111 Thomas R. Karrenberg Heather M. Sneddon ANDERSON & KARRENBERG 700 Bank One Tower 50 West Broadway Salt Lake City, UT 84101 Michael A. Jacobs Eric M. Aker Grant L. Kim MORRISON & FOERSTER 425 Market Street San Francisco, CA 94105-2482 Counsel for Defendant and Counterclaim-Plaintiff Novell, Inc. By: /s/ Brent O. Hatch Brent O. Hatch HATCH, JAMES & DODGE, P.C. 10 West Broadway, Suite 400 Salt Lake City, Utah 84101 Telephone: [phone] Facsimile: [phone]

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