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IBM Files Expert Reports
Tuesday, May 23 2006 @ 11:47 AM EDT

IBM has served its Expert Reports on SCO on Friday the 19th and filed it with the Court Clerk electronically on the 22nd. Here's the certificate of service [PDF]. There is a new expert on IBM's side.

Yes, not only does IBM have the world-renowned MIT Professor of Computer Science Dr. Randall Davis on its side as an expert, but now they have served SCO with a Report and Declaration of Professor J. R. Kearl and a Report and Declaration of Brian W. Kernighan, who has appeared for IBM before. Dr. Kernighan is the expert who helped to persuade Judge Dale Kimball that there was an astonishing lack of evidence of copyright infringement, earlier in this case. He is a Professor at Princeton, but that barely begins to list is credentials, some of which are listed here.

And who is Professor Kearl? He is an expert in economics. He went to both Harvard and MIT and now teaches at BYU. SCO is no doubt throwing chairs at the wall. Oh, wait. That's Microsoft.

Why might they be upset? Because now they can't hire Kearl themselves, and because he will be hard to beat. His resume fills 11 pages [PDF]. He's a local Provo guy. He is married and has five kids. He writes prolifically, which is one reason it takes 11 pages to tell you about him, books with titles like "Principles of Economics" and "Contemporary Economics: Markets and Public Policy". His articles have titles like "Economics and Antitrust Litigation," "The Covariance Structure of Earnings and Income, Compensation Behavior, and On-the-Job Investment," and “Microsoft is Not Above the Law.”

The rest of the 11 pages is a long list of his educational achievements and his honors and awards. He was a White House Fellow, where he served as a special assistant to the Secretary of Defense and to the U.S. Trade Representative, and has also served on the U.S. Census Advisory Committee on Population Statistics. He "specializes in applied microeconomics, industrial organization, and public policy. His areas of expertise include public policy analysis, the economics of antitrust, regulation, intellectual property, economic damages, and trade policy."

Hmm. Economic damages. That might come in handy at trial. He could explain that SCO's dreams of untold wealth from this trial can't stand up to analysis. Or maybe he could explain just how much SCO owes IBM for publicly claiming IBM illegally placed a mountain of infringing code into Linux, a mountain that has yet to appear in evidence.

Update: The parties have also filed a stipulated motion [PDF] to give IBM an extra week for IBM to file its Memorandum in Opposition to SCO’s Motion for In Camera Review of Allegedly Privileged Documents from May 23, 2006, to May 30, 2006. The parties also submitted a proposed Order [PDF].

**************************

SNELL & WILMER, L.L.P.
Alan L. Sullivan
Todd M. Shaughnessy
Amy F. Sorensen
[address, phone, fax]

CRAVATH, SWAINE & MOORE LLP
Evan R. Chesler (admitted pro hac vice)
David R. Marriott
[address, phone, fax]

Attorneys fov Defendant/Counterclaim-Plaintiff
International Business Machines Corporation

__________________________________

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH

_________________________________

THE SCO GROUP, INC.

Plaintiff/Counterclaim
Defendant,

vs.

INTERNATIONAL BUSINESS
MACHINES CORPORATION,

Defendant/Counterclaim-
Plaintiff.

________________________________

CERTIFICATE OF SERVICE
OF EXPERT REPORTS

Civil No. 2:03CV0294 DAK

Honorable Dale A. Kimball

Magistrate Judge Brooke Wells

________________________________

I hereby certify that on the 19th day of May, 2006, true and correct copies of the Report and Declaration of Professor J. R. Kearl and the Report and Declaration of Brian W. Kernighan were sent by U.S. Mail, postage prepaid, to the following:

Brent O. Hatch
Mark F. James
HATCH, JAMES & DODGE, P.C.
[address]

Robert Silver
Edward Normand
BOIES, SCHILLER & FLEXNER LLP
[address]

Stephen N. Zack
Mark J. Heise
BOIES, SCHILLER & FLEXNER LLP
[address]

/s/ Todd M. Shaughness


CERTIFICATE OF SERVICE

I hereby certify that a true and accurate copy of the foregoing CERTIFICATE OF SERVICE OF EXPERT REPORTS was electronically filed with the Clerk of the Court using the CM/ECF system this 22nd day of May, 2006, and thereby served upon the following:
Brent O. Hatch
Mark F. James
HATCH, JAMES & DODGE, P.C.
[address]

Robert Silver
Edward Normand
BOIES, SCHILLER & FLEXNER LLP
[address]

Stephen N. Zack
Mark J. Heise
BOIES, SCHILLER & FLEXNER LLP
[address]

/s/ Todd M. Shaughnessy


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