Novell's Motion for Audio of Hearing at 10th Circuit Ct. of Appeals Granted ~pj

Novell applied at the end of May for audio of the oral argument before the Tenth Circuit Court of Appeals May 6th in Novell's appeal in Novell v. Microsoft, the antitrust litigation over WordPerfect:

Novell requests a copy of the oral argument recording so that it may be transcribed and referenced during the future course of Novell's dispute with Appellee Microsoft Corp.

The court has granted the request, with an order saying both parties will be sent a copy. That isn't what Novell asked for. Microsoft didn't oppose the motion, but it didn't join it either. Novell asked: "Should the Court grant this request, the mp3 recording may be sent to Joshua I. Schiller" at Boies Schiller. The reason Novell gives for its request means, I gather, either that Novell expects to try to appeal to the US Supreme Court if it is not successful in its appeal at the Tenth Circuit; alternatively, it hopes the case will be remanded to Utah for the trial its appeal is asking for, and it wants the transcript for reference in that context. Either way, the story won't end here.