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Novell Files Motion for Preliminary Injunction Against SCO

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Legal

Every time I almost finish the Ralf Flaxa Declaration as text, more filings, and again here we are with boatloads of filings in both SCO v. IBM and in SCO v. Novell. I'll show you the Pacer text, and I'll get the filings up as soon as I can.

Some news. First, the big news is, Novell has filed a Motion for Partial Summary Judgment or Preliminary Injunction [PDF] -- here's the Memorandum in Support [PDF]. Woo ha! Novell wants its money from the Microsoft and Sun Microsystems licenses. And IBM adds a lawyer to the team, Roger G. Brooks, a litigator, another partner at Cravath, like Marriott. Here's what Novell is asking for:

For the foregoing reasons, Novell respectfully requests that this Court grant partial summary judgment as to Novell's Sixth, Seventh, Eighth, and Ninth Claims for Relief and impose a constructive trust on the monies SCO received and improperly retained from the 2003 Sun and Microsoft Agreements. If summary judgment is denied, Novell requests in the alternative that this Court issue a preliminary injunction requiring an accounting and establishing a constructive trust.

Those claims would be for constructive trust, breach of fiduciary duty, conversion, and accounting, respectively. Is this fun or what?

Full Story.

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