Novell has filed its trial brief. It's heavily redacted, which is always frustrating, but it's still full of interesting tidbits. Also, the trial is scheduled for Monday through Thursday only. From PACER:
09/14/2007 - 467 - TRIAL BRIEF [REDACTED] by Defendant Novell, Inc..
(Attachments: # 1 Exhibit 1 # 2 Exhibit 2)(Sneddon, Heather) (Entered:
09/14/2007)
09/14/2007 - 468 - NOTICE OF CONVENTIONAL FILING of Novell's Trial Brief
[Filed Under Seal] filed by Defendant Novell, Inc. (Sneddon, Heather)
(Entered: 09/14/2007) A trial brief is where a party tells the court what claims it will be present at trial. It gives the judge an overview of the case. You could think of it as a kind of written, pre-trial opening statement, but to the judge. You've maybe seen opening statements to a jury on TV, where the lawyer tells the jury what happened and what it intends to prove, and this is similar but because it's for the judge, it's less dramatic. No pounding on the table. SCO will file one too. In fact, it looks like Novell has read a draft of SCO's brief, because on page 20 of the PDF, Novell lists a couple of affirmative defenses SCO says in its trial brief it will raise, estoppel and unclean hands. Whoah! Unclean hands? Looks like we can expect some mud slinging at trial.
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