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SCO Responds to Gray's Proposed Amicus Brief

By Pamela Jones et al.

SCO has filed its response to the proposed amicus brief by Wayne Gray, and it agrees with Novell on it -- they don't want Wayne Gray butting in to this appeal either. Novell said it was irrelevant, and SCO agrees:

Because the parties did not litigate before the district court below the issue of the transfer of trademarks under the APA and the court did not resolve that issue in its appealed from decisions or otherwise, Appellant, The SCO Group, Inc. opposes Wayne R. Gray's Motion for Leave to File Amicus Bried in Support of Defendant/Appellee Novell, Inc. insofar as the Motion seeks to (1) expand the scope of the appealed-from decisions by addressing matters that are not "relevant to the disposition of the case,"... or (2) re-litigate issues resolved by the United States District Court for the District Florida that are now before the Eleventh Circuit on Mr. Gray's appeal.

SCO also agrees with Novell that it's untimely filed "for the reasons set forth by Novell in its opposition to the Motion." We probably should frame this. It's not every day SCO and Novell agree on anything. I doubt the appeals court will disagree. We'll see. The hearing is this week, on May 6. We'll likely find out at the hearing the court's decision.

If you are planning to attend, keep in mind that the courtroom was changed to Courtroom II [PDF], Byron White U.S. Courthouse, Denver, CO., and it begins at 9:00 AM. "Counsel shall report 45 minutes prior to the session to check in with the clerk," the docket says, so you might want to get there a bit early too to get the lay of the land.

Full post as published by Groklaw on May 04, 2009 (boomark / email).