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The Novell vs. Merkey Press Release - as text


General News

By Sunny, Section Legal Documents
Posted on Tue Sep 20th, 2005 at 12:22:52 EST

Press Release

 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

  Internet: jmerkey@timpanogas.com

< The Trouble with The Trouble with Open Source (23 comments) | eWEEK's Coursey Gets It Wrong (12 comments) >
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The Novell vs. Merkey Press Release - as text | 21 comments (19 topical, 2 editorial, 9 hidden)
OT: One way to get around it (4.00 / 6) (#3)
by JCausey (jcausey@ip-wars.net) on Thu Sep 29th, 2005 at 23:12:11 EST
(User Info) http://www.ip-wars.net
Was just doing some research that was on-topic to this article and ran across something very interesting.  I found this article over at Enterprise Open Source Magazine (a Sys-Con production) about Daniel Wallace's recent complaint to the FTC.  The byline indicates it came from the Enterprise Open Source News Desk, but at the bottom of the article they disclose that it originally came from - tada - clientservernews.com.  I didn't follow the whole MOG stalking PJ fallout real closely, but I was under the impression she had effectively been banned from Sys-Con publications.  Was I wrong?  Maybe they just meant the LBW part of Sys-Con?  Anyway, I just thought it was interesting.

Another interesting thing I found was that Sys-Con has apparently disabled their search function for most of their publications (Enterprise Open Source worked, but not useful for my research).  They claim temporarily.  Anyway, kind of hard to figure out whether other stuff from MOG is showing up on Sys-Con with the search disabled.

Finally, I did click through to the clientservernews.com site and found the latest article about SCO's Me Inc. product.  For anyone interested, yep - MOG still taking potshots at PJ and GL in her articles.

OK, back to my research.

Jeff

The Novell vs. Merkey Press Release - as text | 21 comments (19 topical, 2 editorial, 9 hidden)
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