Both SCO and IBM served each other their Experts Rebuttal Reports by the August 28th deadline, and their Certificates of Service are available on Pacer now. Here they are as PDFs: SCO's
IBM's As you'll notice, SCO seemed to feel a need to rebut a lot more than IBM, or at least they used more people to do the job. If you don't remember all the experts' names, we can briefly review. Here's the funny part. After all SCO's talk about MIT deep divers, the only MIT people that show up in the case seem to be on IBM's side of the aisle.
The complete list of IBM's experts is here. Additional information on Dr. Randall Davis can be found here. There is also an interesting article about him here. Would you like to see a picture? Here you go, along with his MIT bio. More information on Brian Kernighan can be found in this PDF, his declaration filed in 2004. Here's his bio page at Princeton University and at Bell Labs. And here is one of the books he's written, the one he wrote in 1988 with Dennis Ritchie, who wrote Unix with Ken Thompson. You can find information on Professor J. R. Kearl here. He's the expert on economics, a professor at Princeton, the one whose resume fills 11 pages. SCO's experts are listed here, with links to biographical info. Additional information on Marc Rochkind is here. I note that SCO's expert, Dr. Thomas Cargill, is not too shy to rebut three of IBM's experts -- Davis, Kernighan and M. Frans Kaashoek. Kaashoek is a computer science professor at MIT. Dr. Peter Salus informs us that he is "also quite expert on the *comparison*
of OSes." Information on Dr. Cargill is here, where SCO describes his expertise by saying he is "a software consultant and former computer science professor and UNIX developer." That page also has Dr. Evan Ivie's credentials. I see SCO didn't find any expert to rebut Andrew Morton. Well. Really, who could they possibly find who credibly could? Linus? I think *he's* unlikely to help SCO out. I thought about doing a table, with all the experts listed and their bios, so you could compare the two sides' arsenals, but it felt mean. *************************
SNELL & WILMER L.L.P.
Alan L. Sullivan (3152)
Todd M. Shaughnessy (6651)
Amy F. Sorenson (8947)
[address, phone, fax]
CRAVATH, SWAINE & MOORE LLP
Evan R. Chesler (admitted pro hac vice)
David R. Marriott (7572)
[address, phone, fax]
Attorneys for 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,
v.
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 C. Wells
___________________________
I hereby certify that on the 28th day of August, 2006, true and correct copies of the
following expert reports:
Rebuttal Expert Report of Professor J.R. Kearl, dated August 28, 2006
Report and Declaration of Brian W. Kernighan and Randall Davis, dated August 28, 2006
were sent by U.S. Mail, postage prepaid, to the following:
Edward Normand
BOIES, SCHILLER & FLEXNER LLP
[address]
/s/ Todd M. Shaughnessy
2
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 31st day of August, 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
3
*******************************
Brent O. Hatch (5715)
Mark F. James (5295)
HATCH, JAMES & DODGE
[address, phone, fax]
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Robert Silver (admitted pro hac vice)
Edward Normand (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address, phone, fax]
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Stuart H. Singer (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address, phone, fax]
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Stephen N. Zack (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address, phone, fax]
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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.
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CERTIFICATE OF SERVICE
Case No. 2:03CV0294DAK
Honorable Dale A. Kimball
Magistrate Judge Brooke C. Wells
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Plaintiff/Counterclaim Defendant, The SCO Group, Inc., hereby certifies that a true and correct copy of each of the following: (1) Rebuttal Report of Marc Rochkind; (2) Response to the Reports and Declarations of IBM Experts by Gary Pisano, Ph.D. (3) Rebuttal Reports of Dr. Christine A. Botosan; (4) Reports of Dr. Thomas A. Cargill in Response to the Report and
Declaration of Brian W. Kernighan and Randall Davis, to the Report and Declaration of Randall Davis, and to the Report and Declaration of M. Frans Kaashoek; (5) Expert Rebuttal Report of Dr. Evan Ivie; (6) Rebuttal Report of Dr. Jeffrey Leitzinger; and (7) Rebuttal Report of Avner Kalay, were served on Defendant, IBM on the 28th day of August, 2006 by Hand Delivery and US Mail to:
David Marriott, Esq.
Cravath, Swaine & Moore LLP
[address]
And
Todd Shaughnessy, Esq.
Snell & Wilmer
[address]
DATED this 31st day of August, 2006
BOIES SCHILLER & FLEXNER LLP
HATCH, JAMES & DODGE, PC
By: /s/ Edward Normand
Attorneys for The SCO Group, Inc.
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