Here, thanks to an anonymous commenter, is the text of SCO's Motion to Bifurcate. PDF here.
Brent O. Hatch (5715)
HATCH, JAMES & DODGE
Stephen N. Zack (admitted pro hac vice)
Mark J. Heise (admitted pro
David K. Markarian (admitted pro hac vice)
SCHILLER & FLEXNER LLP
[address, phone, fax]
Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH,
THE SCO GROUP, INC.,
PLAINTIFF'S MOTION FOR
Case No. 2:03CV0294DAK
Judge Dale A. Kimball
Magistrate Judge Brooke C. Wells
Plaintiff The SCO Group, Inc. ("SCO") hereby moves this Court for an
Order separating the trial of Defendant International Business Machine
Corporation's ("IBM") patent counterclaims (counterclaims nine through
twelve) from the trial of the primary claims and counterclaims in this
case. The grounds for this Motion are as follows:
SCO and IBM have asserted various claims arising from the same nucleus
of operative facts and the central issue in this case of whether IBM's
disclosure of AIX and Dynix/ptx through its involvement in Linux
violated the licensing agreements IBM entered into with several third
IBM has interposed four unrelated patent counterclaims into this case.
The discrete issues arising from the breach of the license agreements
should not be tried before a jury together with IBM's unrelated patent
infringement counterclaims where the only common thread between the
licensing agreements claims and the patent counterclaims is the identity
of the parties. To assist in juror comprehension and reduce both
prejudice and delay IBM's four patent counterclaims should be tried
separately and should proceed on a separate discovery schedule.
This Motion is supported by a Memorandum in Support filed concurrently
DATED this 24th day of March, 2004.
HATCH, JAMES & DODGE, P.C.
Brent O. Hatch
Mark F. James
BOIES, SCHILLER & FLEXNER, L.L.P.
Stephen N. Zack
David K. Markarian
CERTIFICATE OF SERVICE
Plaintiff, The SCO Group, Inc. hereby certifies that a true and correct
copy of PLAINTIFF'S MOTION FOR SEPARATE TRAILS was served on
Defendant International Business Machines Corporation on this ____ day
of March, 2004, by U.S. Mail, first class, postage prepaid, on their
counsel of record as indicated below:
Alan L. Sullivan, Esq.
Todd M. Shaughnessy, Esq.
Snell & Wilmer
Evan R. Chester, Esq.
David R. Marriott, Esq.
Cravath, Swaine &
Donald J. Rosenberg, Esq.