Microsoft to seek dismissal of Novell suit
A hung jury did not come to a decision last week in the Microsoft-Novell antitrust lawsuit
IDG News Service - Microsoft intends to ask the court to dismiss a Novell antitrust lawsuit, after a hung jury in Utah could not come to an accord on the case last week.
Novell filed the lawsuit seven years ago, claiming Microsoft abused its dominant position in the PC operating system market to harm Novell's desktop applications business. On Friday, jury members at the U.S. District Court in Salt Lake City, Utah, informed the judge they were unable to reach a unanimous decision, and the judge declared a mistrial.
Novell said that it will seek a re-trial in the case.
In a filing to U.S. federal judge J. Frederick Motz, Microsoft's lawyer said Monday that the company intends to renew its motion for judgment as a matter of law under Rule 50 of the Federal Rules of Civil Procedure.
A motion for a judgment as a matter of law is a request for relief on the basis that the opposite party's case does not have legally sufficient evidence for any reasonable jury to take a decision. It can be renewed as a second chance after a jury trial.
In ruling on the renewed motion, under Rule 50 the court may allow judgment on the verdict if the jury returned a verdict, order a new trial, or direct the entry of judgment as a matter of law.
Microsoft will submit papers in support of its motion on Jan. 13. The company will argue that based on the evidence presented by Novell, it failed to meet the legal standard on some elements of the case, and therefore, the case should be dismissed, a Microsoft spokesman said.
Novell did not have an immediate comment on Microsoft's move. The company was acquired earlier this year by The Attachmate Group and is now a subsidiary of that company.
- Best iPhone, iPad Business Apps for 2014
- 14 Tech Conventions You Should Attend in 2014
- 10 Desktop Apps to Power Your Windows PC
- How to Add New Job Skills Without Going Back to School
- Slideshow: 7 security mistakes people make with their mobile device
- iOS vs. Android: Which is more secure?
- 11 sure signs you've been hacked
- Gartner 2013 Magic Quadrant for Enterprise Backup/Recovery Software See why CommVault was positioned as the #1 leader in Gartner's 2013 Magic Quadrant for Enterprise Backup/Recovery software for the 3rd year in...
- Forrester Report: CommVault is a Leader in Enterprise Backup and Recovery In this report, Forrester takes a deep dive into the evaluation criteria, how CommVault is positioned and the features and functionality that make...
- Forrester Wave for Enterprise Backup and Recovery Read this report to see how CommVault continues to outpace its competitors and why Forrester positioned CommVault Simpana as the top backup and...
- Architecting the Network of the Future Networks need to change, as does the way IT thinks about and manages them. In addition to reliability, IT must now add higher...
- Four Myths of High-Productivity App Dev Debunked Debunk the main myths surrounding high-productivity application development and how both platforms have overcome them.
On-Demand Webcast: 7 Reasons to Choose VoIP
Thinking about a new phone system for your business?
Be sure to watch this informative webcast. Steve Strauss, small business columnist for USA...
All Legal White Papers |