ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Intellectual Property Law Blogs -> Groklaw

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Intellectual Property Law

: Groklaw

An Offer of Arbitration Docs from Ryan Tibbitts and A Proposed Amended Schedule for Tomorrow

By Pamela Jones et al.

ADVERTISEMENTS
SCO General Counsel Ryan Tibbitts has filed a Declaration [PDF] with the bankruptcy court in support of Edward Cahn's objection to SUSE's motion for relief from the automatic stay. SUSE would like to finish the Swiss arbitration, as you know, and SCO would like to keep it from going forward. Tibbitts offers to submit to the judge sealed materials from the arbitration that he claims give evidence that SUSE is not likely to prevail in what he claims is the "highly contested" arbitration.

Then again, he would say that. But if that were really the case, why would SUSE be so eager to get that show back on the road? I think the arbitration suddenly got "highly contested" in SCO's dreams only after the appeals court ruled that there must be a trial before a jury on copyright ownership. Prior to that, SCO was using the "moot" word, IIRC. Remember at the trial in SCO v. Novell in Utah in 2008, Novell's lead attorney Michael A. Jacobs of Morrison & Foerster, told the court a bit about what was happening in the arbitration:

And, in particular, in the SUSE arbitration, which is still stayed pending the bankruptcy, when SCO was arguing to ... the arbitral panel: Don't go forward with this arbitration. There is no need. The Court -- the District Court in Utah, Judge Kimball, has already ruled on all the important issues here.

SCO said it was pointless for the arbitration to continue because the ownership decisions that the Court made here addressed all of SCO's claims relating to Linux.

It wanted to drop the arbitration. That's how hotly contested it wasn't. And it's still stayed. So exactly when did it become "hotly contested"? And if SCO was about to prevail, why did it argue to drop the whole arbitration? Is SCO telling stories? Is new SCO management starting to behave like old SCO management, or is it simply that they don't know all the water under SCO's bridge and are being misled?

Full post as published by Groklaw on December 29, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0021 secs (from cache 11/04/26 04:37:36)