JUST before Christmas there were some developments related to the WordPerfect case. We covered them in the IRC channel at the time. Basically, even the dangerous charlatan Bill Gates was called in to testify about those competition crimes against Novell. Shortly after hung jury as we covered at one time it was evident that this 'old Novell' case was about to proceed and Groklaw has this update:
As promised Microsoft has now filed its renewed motion for judgment as a matter of law [PDF; Text] in the Novell case. Nothing terribly surprising here, and we don't know what arguments Microsoft will set forth to support this motion, although Microsoft renews its arguments set forth in its original motion from November 17.
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Given that the only thing the jury was undecided about was the degree of damage to Novell, are we to conclude that the jury was, in fact, unreasonable in all of its other findings? That seems a bit rich. On the other hand, judges have been known to override juries before, and what a reasonable jury would have done is the basis for a judgment as a matter of law. In this case, however, it would seem that, if the Judge Motz thought Novell had failed to prove its case as Microsoft suggests, he would have never allowed the matter to go to the jury in the first place.
This action by Microsoft is likely simply a matter of protecting its right of appeal and attempting to strengthen its hand in any settlement discussions with Novell. We will await Microsoft's brief, which is due February 3.
Fluent in several languages, he used this aptitude working for the LDS Church, WordPerfect, and Novell and pursuing his passion for genealogy.
I got to know Judith Burton when she was still Judith Clarke and Senior VP Corporate Marketing for Novell, in 1987. Novell had just bought a company called CXI, which had been a client of Hodskins Simone & Searls, the Palo Alto advertising agency in which I was a partner. By that time HS&S had come to specialize in communications technology clients, and the chance to do something with Novell as well seemed moe than opportune, especially since it was clear that Novell was smarter about comms than just about anybody at that time.