● 12.23.11

●● Groklaw: No Settlement Talks in Novell vs. Microsoft Case

Posted in Antitrust, Courtroom, Microsoft, Novell at 2:44 pm by Dr. Roy Schestowitz

Summary: The WordPerfect case with its imminent future is reported to have approached settlement, but experts beg to differ

THE Novell of Mr. Noorda is said to have entered settlement talks with Microsoft and according to Groklaw Microsoft made a motion to dismiss. Based on the filings that Pamela Jones shows:

Microsoft intends to renew its motion to dismiss as a matter of law Novell’s antitrust case in Novell v. Microsoft. It sent a letter [PDF] to Judge Frederick Motz informing him of its intention, saying it will file by January 13th. I gather it would prefer to avoid a second jury trial. TechFlash reports Microsoft lawyers will claim that Novell lacks sufficient evidence to support its claims. And IDG’s John Ribeiro provides more details on Network World. So, no settlement, as Law.com reports: “Despite the close call, Microsoft’s lawyers say they won’t pay to make the case go away. ‘There are no settlement discussions,’ Sullivan & Cromwell partner David Tulchin told us. ‘Microsoft believes firmly that Novell’s claims have no merit,’ he added.”

Microsoft typically pays its victims to just disappear, but perhaps not this time. █

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