SCO Vs. IBM: The Battle Heats Up 2SCO Vs. IBM: The Battle Heats Up 2
Each side claims the other still owes it information regarding their dueling claims.
February 6, 2004
IBM and SCO Group each claim the other side still owes it clarification regarding their dueling Linux lawsuits. The two companies met Friday in the District of Utah's U.S. District Court, but a judge won't rule on their claims before this week.
Both sides believe the other side still owes them information, says Brent Hatch, a partner with Hatch, James & Dodge LLP, one of the firms representing SCO Group. Last week, SCO filed a Motion for Leave to File Amended Pleadings. Under the motion, SCO Group is looking to add claims against IBM that have arisen since SCO first filed its lawsuit last March. The original suit alleges that IBM contributed a portion of the source code to the Linux kernel. SCO's motion states that the proposed amendments to the suit "reflect the continuing investigation into the allegations and issues raised by IBM in its eleven-count counterclaim, including four separate claims of patent infringement, and serve to better frame the issues for this Court's determination." IBM countersued in August, alleging that SCO violated the GNU General Public License and that SCO doesn't have the right to revoke IBM's Unix license. IBM also alleges that SCO has directly infringed on four IBM patents related to SCO's UnixWare, Open Server, SCO Manager, and Reliant HA clustering software products. It's the second amendment SCO has sought in its case. The first came in June, when the company raised the damages it's seeking from $1 billion to $3 billion.
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