Home -> Law Blog Directory -> Intellectual Property Law Blogs -> Groklaw
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Intellectual Property Law
: GroklawMore darts - SCO's opposition to Daubert hearings and to Chatlos, Michels testimony
By Pamela Jones et al.
This is SCO's side of the story, and they in essence say over and over that their experts are wonderfully qualified, and that their witnesses were cited by the appeals court, so they must be able to present their stories to the jury. It's true the appeals court did cite folks like Ed Chatlos, but it never mentioned he wasn't working for the company at the time the APA's Amendment 2 was signed. So did the appeals court make a mistake in not even addressing that issue? SCO claims that "at the time of the APA" Chatlos was the Novell Senior Director for UNIX Strategic Partnerships and Business Development. I wonder what they mean by "at the time". Maybe it's vague, like saying "in Noah's day".
I would like to see some substantiation that he was with the company when all the APA documents were signed. Since, as I mentioned in the previous article, the Novell board minutes [PDF] the day before it was signed explicitly say copyrights would not transfer, should he not have to be there at that very day and the next, when the APA was signed to have his testimony be relevant, particularly since the appeals court said the APA was not ambiguous, and it definitely excluded copyrights? I note the minutes tell us who attended that meeting, and no Ed Chatlos. If he was the lead negotiator, why wasn't he invited? I'm sure we'll hear more on this point eventually.
That's only part of why Novell would like to appeal their decision, of course, I would guess. Meanwhile, SCO is acting like the decision was written on stone tablets and brought down the mountain by Moses himself.
Full post as published by Groklaw on February 20, 2010 (boomark / email).

Daubert Hearings at the Certification Stage
Daubert (& Frye) 15 years later
Experts - Daubert Motions Should Not Be Routine
Daubert Challenges of Antitrust Experts
My Testimony on Property Rights at the Sotomayor Confirmation Hearings:









