decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.


To read comments to this article, go here
SCO Files its Experts Reports Too
Wednesday, May 24 2006 @ 06:27 PM EDT

SCO has now served and filed its experts reports and here's the Certificate of Service [PDF]. IBM filed its experts reports already. SCO's filing tells us that they have the several experts on their side, with an emphasis on how much money they'd like to get, including Christine A. Botosan, who has prepared two reports, one on "IBM's AIX Related Revenue" and one on "IBM's Accounting for Linus." I'd say that is a bad sign. I believe they mean IBM's Accounting for Linux. Last I heard, IBM doesn't have to account for Linus.

And they have a report of Dr. Thomas A. Cargill, "on the Infringement of the Unix System V Release 4 Operating System by the Linux Operating System," which also doesn't bode well, since Linux is a kernel.

There is also a report of Dr. Evan Ivie, a "Valuation of Lost Asset" by Avner Kalay, an "Expert Report of Dr. Jeffrey Leitzinger," another by Gary Pisano, and "An Analysis of Certain Technological Issues," by Marc J. Rochkind again. His is the only name I recognize. I'll research the rest and share with you what I find. I think this is probably Dr. Cargill's page. If so, he's an "independent software consultant, specializing in Java and object-oriented programming" and the author of "C++ Programming Style", published by Addison-Wesley, 1992. Here's a page of his old bookmarks, which shows his interests, at least at the time, in 2000.

All of these reports were served on IBM on the 19th of May and filed with the court on the 24th. The Certificate of Service is signed by Ted Normand, so he's still on the case. I was afraid he was so humiliated by the Intel business, he had gone walkabout or signed up for time travel back to the court of Marie Antoinette to forget it all or been told to devote more time to his family or something.

Also the Order [PDF] giving IBM until May 30 to respond to SCO's Motion for in camera review of allegedly privileged documents has been signed by Magistrate Judge Brooke Wells.

Update: Here's what I find on Evan Ivie. He taught computer science at BYU. I gather he is now retired, and he's a consultant. He was a Bell Labs researcher who was one of the creators of the PWB.

He was an expert for Caldera, along with J.R.Kearl, by the way, in the Caldera v. Microsoft litigation (2:96-cv-00645-DB). Here's the docket, thanks to Frank Sorenson. And he was an expert for Novell in the Novell v. Timpanogas Research Group case. Here's something he wrote, " "The Programmer's Workbench—a Machine for Software Development," in 1977, which references a paper of Marc Rothkind's. It seems it's a small world.

And for what it's worth, here's some feedback from a couple of his students and some details from an article in Wired in 1999 on geneology, a subject Ivie is interested in. And here's an interesting email from Tim Bird, of Caldera, in 1997, which indicates Ivie is familiar with Linux.

You'll find Dr. Jeffrey Leitzinger [PDF] on that docket too. Microsoft filed a motion to exclude him as a nonexpert, but the case settled. He is an economist who does seem to know quite a lot about natural gas [PDF], in addition to evaluating damages in intellectual property cases, which is more to the point here.

Here, thanks to mwexler, is the text of the Certificate of Service.


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

Brent O. Hatch (5715)
Mark F. James (5295)
HATCH, JAMES & DODGE
[address]
[phone]
[fax]

Stuart H. Singer (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address]
[phone]
[fax]

Robert Silver (admitted pro hac vice)
Edward Normand (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address]
[phone]
[fax]

Stephen N. Zack (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address]
[phone]
[fax]

Attorneys for The SCO Group, Inc.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH


THE SCO GROUP, INC.,

Plaintiff/Counterclaim-Defendant,

v.

INTERNATIONAL BUSINESS
MACHINES CORPORATION,

Defendant/Counterclaim-Plaintiff.

CERTIFICATE OF SERVICE

Case No. 2:03CV0294DAK
Honorable Dale A. Kimball
Magistrate Judge Brooke C. Wells

Plaintiff/Counterclaim Defendant, The SCO Group, Inc., hereby certifies that a true and correct copy of each of the following: (1) Expert Witness Report of Christine A. Botosan, CA, Ph.D. (two reports IBM's AIX Related Revenue and IBM's Accounting for Linus); (2) Report of Dr. Thomas A. Cargill on the Infringement of the Unix System V Release 4 Operating System by

the Linux Operating System; (3) Expert Report of Dr. Evan Ivie; (4) Valuation of Lost Asset by Avner Kalay, PhD; (5) Expert Report of Dr. Jeffrey Leitzinger; (6) Expert Report of Gary Pisano, Ph.D; and (7) An Analysis of Certain Technological Issues by Marc J. Rochkind, was served on Defendant, IBM on the 19th day of May, 2006, by U.S. mail to:
David Marriott, Esq.
Cravath, Swaine & Moore LLP
[address]

And

Todd Shaughnessy, Esq.
Snell & Wilmer LLP
[address]

DATED this 24th day of May, 2006.

BOIES, SCHILLER & FLEXNER LLP
HATCH, JAMES & DODGE, PC

By: /s/ Edward Normand

Attorneys for The SCO Group, Inc.

2


  View Printable Version


Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )