[LINK] Novell v Microsoft - deadlocked jury

[Kim Holburn]

According to groklaw http://www.groklaw.net/article.php?story=20111216191005531

They were deadlocked 11 to 1 in favour of Novell, the judge who has been consistently pro Microsoft could have given them more time but refused:

> Novell asked the judge to explore whether the jury might come back after a weekend to think about the case and try again to reach a verdict. But none of them appeared to think that a unanimous decision was possible....
> 
> But Novell lawyers said the jury was hung 11 to one in their favor.



On 2011/Dec/18, at 10:19 AM, Jan Whitaker wrote:

> Jurors deadlock in $1B lawsuit against Microsoft
> 1:57 PM, Dec 17, 2011
> 
> 
> SALT LAKE CITY (AP) - Attorneys for a Utah company that brought a $1 
> billion antitrust lawsuit against Microsoft Corp. said it will seek 
> to retry the case with a new jury after a federal jury failed to 
> reach a verdict.
> 
> Novell Inc. sued the software giant in 2004, claiming Microsoft duped 
> it into developing the once-popular WordPerfect writing program for 
> Windows 95 only to pull the plug so Microsoft could gain market share 
> with its own product. Novell says it was later forced to sell 
> WordPerfect for a $1.2 billion loss.
> 
> The trial began two months ago and included two days of testimony 
> from Bill Gates last month. Jurors got the case on Wednesday. After 
> much confusion, and some perplexing questions from the panel, they 
> told U.S. District Judge J. Frederick Motz they were deadlocked by 
> early Friday evening.
> 
> Motz repeatedly asked them if they could keep trying.
> 
> "This has been a very long and expensive case," the judge told the panel.
> 
> Novell attorneys pleaded with Motz to give the panel just one more 
> day. In the end, however, the 12 jurors told the judge they were 
> "hopelessly" deadlocked, and they later told lawyers a single holdout 
> refused to vote in Novell's favor.
> 
> "He had strongly held views about the technical evidence and refused 
> to budge," Novell attorney Jeffrey Johnson said. Jurors offered no 
> comment after the trial.
> 
> Novell was left with little to show for a decade of effort.
> [more at link 
> http://www.9news.com/money/236459/344/Jurors-deadlock-in-1B-lawsuit-against-Microsoft 
> ]
> 
> 
> Melbourne, Victoria, Australia
> jwhit at janwhitaker.com
> blog: http://janwhitaker.com/jansblog/
> business: http://www.janwhitaker.com
> 
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> sing or write, for only in such response do we find truth.
> ~Madeline L'Engle, writer
> 
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Kim Holburn
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