US Judge Robert Keeton denied a motion by Borland International Inc to appeal his July ruling in favour of Lotus Development Corp in their copyright infringement lawsuit, keeping the case on track for a November jury trial: in July, he ruled that Borland copied copyrightable elements of 1-2-3 that constitute a substantial part of the program but did not cancel a previously scheduled trial to resolve remaining disputed issues that may affect any damages award; Borland was seeking an appeal of that ruling, a partial summary judgement, before the trial scheduled for November 2; a Borland attorney said the prospect of an out-of-court settlement with Lotus was unlikely before an appeal is heard.
