Timpanogas Research Group Agrees to Permanent Injunction and Payment to End Trade Secret Litigation with Novell

 PROVO, Utah - August 28, 1998 - Novell, Inc. announced that it has reached a settlement in the trade secret misappropriation litigation it filed last year against Timpanogas Research Group, Inc. (TRG) and three employees of TRG: Jeff Merkey, Darren Major and Larry Angus. The settlement includes a dismissal of all claims filed between the parties, a permanent injunction against use or disclosure of Novell's trade secrets, and payment of an undisclosed sum to Novell by defendants.

 Mr. Merkey, CEO of TRG, explained: "I regret what happened here. I mistakenly believed that, because we had developed certain technology while employed by Novell, we could take elements of that technology with us when we left. We have learned that the law does not work that way. We are pleased to put this behind us, and hope to find constructive ways to work together with Novell in the future."

 Mr. Major, President of TRG, added, " I too have learned a lot about the law of trade secrets. If there is a next time, I will handle things very differently. For now, however, I am pleased to be working on new projects for TRG, which projects have nothing in common with my work at Novell."

 Novell's General Counsel, David Bradford, said, "It has never been our desire to prevent anyone from working in their careers. We have resolved this dispute to Novell's satisfaction, all the while providing complete protection for Novell's valuable intellectual property rights."

 About Novell

 Novell (NASDAQ: NOVL) is the world's leading provider of network software. The company offers a wide range of network solutions for distributed network, Internet/intranet and small-business markets, as well as the network computing industry's most comprehensive education and technical support programs. Information about Novell and its complete range of products and services can be accessed on the World Wide Web at http://www.novell.com.

Novell Press Contact:

  Jonathan Cohen

  Phone: (408) 577-7268

  Internet: jcohen@novell.com

TRG Contact:

  Jeff Merkey

  Phone: (801) 222-9129

  Fax: (801) 222-9128

Multiprocessor Software Cooperation Agreement executed between UNIX System Laboratories, Inc. (USL) and Sequent Computer Systems Inc. (SEQUENT) in September 1990.

As always, see the PDF.

Complaint against the Internet Archive.

As always, see the PDF.

Also see William Patry's commentary at The Patry Copyright Blog.

Plaintiff Daniel Wallace's Memorandum on Motion for Summary Judgment

As always, check the PDF.

SOFTMAN PRODUCTS COMPANY,
 LLC,

Plaintiff,

v.

ADOBE SYSTEMS INC.; et al.,

• IBM's PSJ Motions
  
• SCO's motion to dismiss CC10
  
• IBM's motion to strike
  
• SCO's 56F motion

• ("THE CLICK-WRAP NOTICE")
  
• ("THE COMPRESSION NOTICE")
  
• ("THE CONFIGURABLE HIGH AVAILABILITY NOTICE")

As this is just out I've only skimmed through it whilst reformatting. Unfortunately it appears to favour SCO, ordering most of what SCO wanted (direct access to CMVC was not granted).

The discovery is to be produced by 18th March.

This also leads to a delay in the end of fact discovery with a new schedule to be agreed by the parties to be submitted by 25th March.