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9/26/2006
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IBM Seeks Dismissal Of SCO Lawsuit

IBM filed several requests for summary judgment with a U.S. District Court judge. Collectively, the filings amount to IBM asking the court to dismiss what remains of the case because of a lack of evidence and other factors.

IBM has asked a federal judge to dismiss what remains of a longstanding lawsuit filed by the SCO Group, which claims IBM inserted SCO's Unix code in Linux and then distributed the open-source operating system to developers.

IBM filed several requests for summary judgment on Monday with U.S. District Court Judge Dale Kimball in Utah. Collectively, the filings amount to IBM asking Kimball to dismiss what remains of the case because of a lack of evidence and other factors.

SCO on Monday also filed its own requests for the judge to decide on the merits of some parts of the case before a trial.

IBM on Tuesday declined comment. SCO, however, said it expects the motions from both sides to be argued before Kimball over the next couple of months.

"Our lawyers are reviewing the memoranda and exhibits and will be filing responses as is appropriate," a SCO spokesman said of the IBM filings in an email.

In June, Utah federal Magistrate Judge Brooke Wells dismissed about two-thirds of SCO's claims, saying they were too vague to hold up in court.

SCO filed its $1 billion lawsuit against IBM in March 2003, claiming IBM contributed SCO's Unix code to open-source Linux. A year later, SCO sued Linux users AutoZone and DaimlerChrysler AG for not purchasing licenses from SCO.

The Lindon, Utah, company has said it expects the IBM suit to go to trial early next year.

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