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To read comments to this article, go here
SCO Would Like To Do 25 More Depositions
Wednesday, September 21 2005 @ 08:10 PM EDT

SCO has asked the court to allow them 25 more depositions on top of the 40 each side is allowed, which they promise they can do without having to delay the trial. They discussed it with IBM, they tell us, but IBM opposes the motion. SCO thinks if they can just keep digging, they'll find something, someday, somehow.

They'll probably get at least some of what they are asking for, because they raise one point that will likely carry some weight: that the amount of depositions each side was granted was decided before IBM added its counterclaims, and the patent claims alone require some additional depositions. However, undermining the weight of that argument is a footnote, in which they tell the judge that actually they are going to ask at some point to separate the patent counterclaims from the main case. They earlier asked for that, IBM said it was premature and the court agreed, so SCO is here just letting them know that they didn't drop that desire, and they'll be asking for it as soon as such a motion is "appropriate". If that happens, then their most solid argument for more depositions melts away, of course, because an entirely new schedule will be drawn up for the separate patent case.

Here is their Plaintiff's Expedited Motion and Supporting Memorandum for Leave to Take Additional Depositions [PDF]. The main impression I get is that SCO is quite concerned about the IBM counterclaims, and are in a defensive posture now. However, I can't help but note that their Motion and Memorandum are all in one thrifty little document, only 7 pages long, which can't hold a candle to the motion practice that we witnessed when SCO was flush with money and there was no legal cap on the immediate horizon.


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