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V. Sophisticated Micro Devices, Inc., No. Clean. Feb. nine, 2009.)The Court docket finds the 3 factors weigh in favor of the stay in these scenarios. Initial, thereexamination on the four patents is probably going to simplify some problems and promises for both demo andthe Markman Listening to. Defendants have introduced a substantial overall body of prior artwork that theybelieve will reshape the four patents at difficulty In this particular litigation.

Terminate the APA or to effectuate any individual adjust in its conditions as a result of SCO'sbankruptcyNevertheless, what Novell unsuccessful to offer for while in the APA and what was neverintended via the functions it now asks the Courtroom to impose. These kinds of aid, certainly, is barred by theBankruptcy Code. Portion 365(e)(1) in the Personal bankruptcy Code will make obvious that an executorycontract from the debtor "will not be terminated or modified, and any right or obligation less than suchcontract . might not be terminated or modified, at any time immediately after commencement of your casesolely as a consequence of a provision in this sort of agreement . 105(a), see Movement at p. nine, that which 365(a)(1) prohibits. Specially, Novell seeks to change the terms from the APA by getting thisCourt alter the payment terms in the needed forty five days after the prior quarter, to animmediate payment of royalties on receipt. one hundred and five(a). Certainly, the 3rd Circuit situation cited by Novell at p. 105(a) may be used only to "vogue get(s) in furtherance ofBankruptcy Code provisions." Joubert v. ABN AMRO Home finance loan Team, Inc., 411 F.3d 452, 455(3d Cir. 2005)(emphasis included). one hundred and five(a) can't be applied tocircumvent provisions located elsewhere inside the Individual bankruptcy Code. 197, 206 (1988) (a bankruptcy court docket's common and equitablepowers "will have to and can only be exercised within the confines on the Bankruptcy Code"); In reMomentum Mfg. Corp., 25 F.3d 1132, 1136 n.four (2nd Cir. 1994) ("a bankruptcy court may notexercise this [ one hundred and five(a)] power in contravention of provisions in the Code"); In re C L CartageCo., Inc., 899 File.2d 1490, 1494 (6th Cir. 692, 700(Bankr. D. Del. one hundred and five(a) cannot be a foundation for granting the MotionB. NOVELL LACKS THE Cleanse Arms Required to Seek out AND OBTAINEQUITABLE Aid FROM THIS Courtroom