United States Tenth Circuit
SCO Group, Inc. v. Novell, Inc., 08-4217
In an action for slander of title regarding statements made by defendant about its alleged ownership of certain software copyrights, summary judgment for defendant is reversed where: 1) the parties' agreement satisfied the Copyright Act's writing requirement; and 2) the admissible evidence concerning the ambiguous contract language regarding copyright ownership was not so one-sided as to warrant summary judgment.
Appellate Information
- Decided 08/24/2009
- Published 08/24/2009
Judges
- McCONNELL, Circuit Judge., Before LUCERO, BALDOCK and McCONNELL, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Stuart Singer, Boies, Schiller & Flexner LLP, Fort Lauderdale, FL (David Boies, Robert Silver, and Edward Normand, Boies Schiller & Flexner LLP, Armonk, NY; Brent O. Hatch, Mark F. James, Hatch, James & Dodge, PC, Salt Lake City, UT; Devan V. Padmanabhan, Dorsey & Whitney LLP, Minneapolis, MN, with him on the briefs) for Plaintiff-Appellant.
- For Appellees:
- Michael Jacobs, Morrison & Foerster LLP, San Francisco, CA (George C. Harris, Grant L. Kim, David E. Melaugh, Morrison & Foerster LLP, San Francisco, CA; Thomas R. Karrenberg, Heather M. Sneddon, Anderson & Karrenberg, Salt Lake City, UT, with him on the briefs) for Defendant-Appellee.