Here, thanks to all of you, is the list of exhibits attached to the recent Brent Hatch Declaration, with links to the ones that are available to the public.
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Brent O. Hatch (5715)
Mark F. James (5295)
HATCH, JAMES & DODGE
[address]
[phone, fax]
David Boies (admitted pro hac vice)
Robert Silver (admitted pro hac vice)
Edward Normand (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address]
[phone, fax]
Devan V. Padmanabhan (admitted pro hac vice)
DORSEY & WHITNEY LLP
[address]
[phone, fax]
Stephen N. Zack (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address]
[phone, fax]
Stuart H. Singer (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address]
[phone, fax]
Attorneys for Plaintiff, The SCO Group,
Inc._______________________________
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION
THE SCO GROUP, INC.,
a Delaware
corporation,
Plaintiff/Counterclaim-Defendant,
vs.
NOVELL, INC.,
a Delaware corporation,
Defendant/Counterclaim-Plaintiff.
|
DECLARATION OF BRENT O. HATCH IN SUPPORT OF SCO'S MEMORANDUM
IN OPPOSITION TO NOVELL'S MOTION FOR SUMMARY JUDGMENT ON ITS FOURTH
CLAIM FOR RELIEF
Case No. 2:04-CV-00139
Judge Dale A. Kimball
Magistrate Brooke C. Wells
|
I, Brent O. Hatch, declare as follows:
1. I am a citizen of the United States, am over the age of 21,
and am competent to testify to the matters set forth herein.
2. I am an attorney at law duly licensed to practice before all
the Courts of the State of Utah, and an attorney with the firm of
Hatch, James & Dodge PC, counsel for the
Plaintiff/Counterclaim-Defendant, The SCO Group, Inc., in the
pending motion.
3. Attached as hereto and filed herewith are true and correct
copies of the following documents:
| EXHIBIT | DOCUMENT
DESCRIPTION |
|---|
| 1 | Licensing Order Form between Silicon Graphics and Unix System
Laboratories, dated August 27, 1993, bearing Bates range
SCO0984582-620 |
| 2 | Unix System V History obtained from
http://en.wikipedia.org/wiki/System_V |
| 3 | Excerpts from UnixWare Binder, titled " UnixWare 2 Sales
Kit" |
| 4 | Excerpts from UnixWare Binder, Binder 2, titled "UnixWare 7
Sales Training Kits. |
| 5 | Asset Purchase Agreement between The Santa Cruz Operation,
Inc. and Novell, Inc., dated September 19, 1995, bearing Bates
range SCO1185893-990 [PDF, which includes the schedules; Text; SCO's filing as text with SEC; Amendment 1; Amendment 2; Technology License Agreement and Schedules; Amendment 3 ] |
| 6 | Declaration of William M. Broderick in Support of SCO's
Memorandum in Opposition to IBM's Motion to Compel Production of
Documents on SCO's Privilege Log, dated October 21, 2005 |
| 7 | Declaration of John Maciaszek, dated November 9, 2006 |
| 8 | Excerpts from the Deposition Transcript of Christopher Sontag,
dated March 14, 2007 |
| 9 | Excerpts from Deposition Transcript of John Maciaszek, dated
March 21, 2007 |
2
| EXHIBIT | DOCUMENT
DESCRIPTION |
|---|
| 10 | Report and Declaration of Thomas A. Cargill, dated May 29,
2007 |
| 11 | Declaration of William Broderick, dated December 11, 2006 |
| 12 | Declaration of John Maciaszek, dated December 11, 2006 |
| 13 | Declaration of Jean Acheson, dated December 11, 2006 |
| 14 | Supplement and Licensing Order form between NCR Corporation
(AT&T GIS) and Novell, dated July 13, 1995, bearing Bates range
SCO1499353-86 |
| 15 | Supplement and Licensing Order Form between Unisys
Corporation and Novell Supplement 230, dated October 20, 1995,
bearing Bates range SCO1039894- 925 |
| 16 | Collection of e-mails among transition team, bearing Bates
range SCO1299938-82 |
| 17 | Supplement and Licensing Order Form between Stratus Computer,
Inc. and SCO, dated March 17, 2007, bearing Bates range
SCO0977706-36 |
| 18 | Declaration of Christopher Sontag, dated December 11,
2006 |
| 19 | Software Agreement between Alps Electric Company and Nihon
SCO, dated March 29, 1996, bearing Bates range SCO1042581-619 |
| 20 | Supplement and Licensing Order Form between Unisys
Corporation and SCO Supplement 233, dated May 28, 1996, bearing
Bates range SCO1040467-96 |
| 21 | Supplement and Licensing Order Form between NCR Corporation
and SCO, dated March 31, 1997, bearing Bates range
SCO0977740-71 |
| 22 | Amendment Number 1 to the Asset Purchase Agreement, dated
December 6, 1995, bearing Bates range SCO1186000-17 |
| 23 | Excerpts from the Deposition Transcript of Joseph A. LaSala,
dated February 8, 2007 |
| 24 | Excerpts from the Novell 30(b)(6) Deposition Transcript of
Gregory Jones, dated May 10, 2007 |
3
| EXHIBIT | DOCUMENT
DESCRIPTION |
|---|
| 25 | Excerpts from the Deposition Transcript of Jean Acheson,
dated March 20, 2007 |
| 26 | Excerpts from the Deposition Transcript of Theresa Dulin,
dated April 13, 2007 |
| 27 | Excerpts from the SCO 30(b)(6) Deposition Transcript of
William Broderick, dated May 14, 2007 |
| 28 | Software Agreement Supplement between Unisys and AT&T
Supplement 128, dated January 30, 1990, bearing Bates range
SCO1159013-26 |
| 29 | Software Agreement Supplement between Unisys and Unix System
Laboratories Supplement 202, dated October 31, 1991, bearing Bates
range SCO1062340-74 |
| 30 | Document titled, "Quarterly Royalty Amounts Reported by
Unisys," bearing Bates number NOV 000033013 |
| 31 | Document titled, "Unisys Royalty Report for SCO UnixWare and
UNIX Systems," 2000, bearing Bates range NOV 000033527-32 |
| 32 | Letter from B. Broderick to C. Lamont regarding Unisys
agreements with SCO, dated May 26, 1996, bearing Bates number NOV
000011393 |
| 33 | Letter regarding software agreement between Unisys and SCO,
dated June 25, 1996, bearing Bates range SCO1040448-50 |
| 34 | Product Announcement for SCO OpenServer 6, dated May 27,
2004, bearing Bates range SCO1672873-83 |
| 35 | Software Agreement between SCO and AT&T Information
Systems, Inc., dated May 6, 1987, bearing Bates range
SCO1449552-636 |
| 36 | Excerpts from the Deposition Transcript of Alok Mohan, dated
February 23, 2007 |
| 37 | Article titled, "SCO to Seek Fees from Linux Users," dated
January 14, 2003, bearing Bates range SCO1265967-68 |
4
| EXHIBIT | DOCUMENT DESCRIPTION |
|---|
| 38 | Document titled, "OpenServer Release 6 Sales Guide," bearing
Bates range SCO1687209-31 |
| 39 | Amendment to Software Agreement between IBM, Novell, and SCO
(Buyout Agreement), dated April 26, 1996, bearing Bates range NOV
000038339-42 |
| 40 | Letter from A. Mohan to R. Frankenberg regarding SVRX
licenses, dated March 28, 1996, bearing Bates number SCO1234265 |
| 41 | Letter from A. Mohan to R. Frankenberg regarding SVRX
licenses, dated April 10, 1996, bearing Bates SCO1290675-76 |
| 42 | Letter from A. Mohan to R. Frankenberg regarding proposed IBM
royalty buyout, dated April 19, 1996, bearing Bates range
SCO1298086-87 |
| 43 | Letter from A. Mohan to J. Tolonen regarding Novell-IBM
Buyout, dated July 15, 1996, bearing Bates range NOV
000046904-05 |
| 44 | Declaration of Lawrence A. Bouffard, dated November 8,
2006 |
| 45 | Amendment Number 2 to the Asset Purchase Agreement, dated
October 16, 1996, bearing Bates range SCO1451873-75 |
| 46 | Press Release titled, "SCO Establishes SCOsource to License
UNIX Intellectual Property," dated January 22, 2003, bearing Bates
range SCO1277300-02 |
| 47 | Document titled, "SCO System V for Linux Sales Guide Internal
Use Only," dated February 25, 2003, bearing Bates
SCO1537786-805 |
| 48 | Document titled, "SCOsource Announcement," dated December 11,
2002, bearing Bates range SCO1275727-46 |
| 49 | Declaration of William M. Broderick, dated January 25,
2008 |
| 50 | Letter from R. Tibbitts at SCO to Fortune 1500 Companies with
UNIX Licenses regarding violations of intellectual property rights
in UNIX technology, dated December 19, 2003, bearing Bates range
SCON0047606-09 |
| 51 | Declaration of Jean Acheson, dated January 25, 2008 |
5
| EXHIBIT | DOCUMENT
DESCRIPTION |
|---|
| 52 | Press Release titled, "SCO Announces Intellectual Property
License for Linux," dated August 5, 2003 |
| 53 | Press Release titled, "SCO Establishes SCOsource; New
Division Created to Insure and Protect Intellectual Property in
Linux Environments," dated December 11, 2002, bearing Bates range
SCO1270120-23 |
| 54 | Press Release titled, "SCO Establishes SCOsource; New
Division Created to License and Protect UNIX Intellectual
Property," dated December 11, 2002, bearing Bates range
SCO1270136-39 |
| 55 | Press Release titled, "SCO Establishes SCOsource," dated
December 11, 2002, bearing Bates range SCO1270095-96 |
| 56 | Declaration of John Maciaszek, dated January 24, 2008 |
| 57 | Press Release titled, "SCO Registers UNIX Copyrights and
Offers Unix License," dated July 21, 2003 |
| 58 | Declaration of Christopher M. Sontag, dated January 24,
2008 |
| 59 | Press Release titled, "SCO Suspends Distribution of Linux
Pending Intellectual Property Clarification; Announces Greater
Focus on UNIX and SCOx Strategy," dated May 14, 2003, bearing Bates
range SCO1269615-16 |
| 60 | Excerpts from book titled, Novell's Guide to UnixWare 2 |
| 61 | Document titled, "SCO forum 2003 SCOsource Update," bearing
Bates range NOV 000012724-50 |
| 62 | Intellectual Property Compliance License for SCO Unix Rights
between SCO and Computer Associates International, dated August 11,
2003, bearing Bates range SCON0048531-38 |
| 63 | Document titled, "Price Book North America Price Book for The
SCO Group Software Products," dated August 2003, bearing Bates
range SCO1551865-84 |
| 64 | Intellectual Property Compliance License for Linux between
SCO and Questar Corporation, dated January 16, 2004, bearing Bates
range QC00003-10 |
6
| EXHIBIT | DOCUMENT
DESCRIPTION |
|---|
| 65 | Excerpts from the Questar 30(b)(6) Deposition Transcript of
Steve Welker, dated March 22, 2007 |
| 66 | Declaration of Christopher Sontag, dated May 18, 2007 |
| 67 | Technology License Agreement between Novell and The Santa
Cruz Operation, Inc., dated December 6, 1995, bearing Bates range
SCO1186018-22 |
| 68 | E-mail from G. Jones to D. Wright, et al., regarding SCO
request for Novell USL Documents, dated November 15, 2002, bearing
Bates number NOV 000039586 |
| 69 | E-mail from G. Jones to J. Lundberg, et al., regarding SCO
request for Novell UNIX Documents, dated November 20, 2002, bearing
Bates number NOV 000039578 |
| 70 | E-mail from G. Jones to C. Ledbetter, et al., regarding SCO
Linux "Licensing" Program, dated December 4, 2002, bearing Bates
range Nov 000039579-80 |
| 71 | E-mail from G. Jones to D. Wright regarding SCO Request for
Novell UNIX Documents, dated November 22, 2002, bearing Bates range
NOV 000039591- 92 |
| 72 | Excerpts from the Deposition Transcript of Gregory Jones,
dated January 26, 2007 |
| 73 | Excerpts from the Deposition Transcript of Darl McBride,
dated March 27, 2007 |
| 74 | Excerpts from the Novell 30(b)(6) Deposition Transcript of
Joseph A. LaSala, dated May 16, 2007 |
| 75 | Release, License and Option Agreement between Microsoft and
SCO, dated April 30, 2003, bearing Bates range SCO1300033-46 |
| 76 | Amendment 3 to Microsoft Release, License and Option
Agreement with SCO, dated July 21, 2003, bearing Bates range
SCO1300028-29 |
| 77 | Amendment 4 to Microsoft Release, License and Option
Agreement with SCO, dated July 31, 2003, bearing Bates range
SCO1300026-27 |
7
| EXHIBIT | DOCUMENT
DESCRIPTION |
|---|
| 78 | Amendment 1 to Microsoft Release, License and Option
Agreement with SCO, dated June 23, 2003, bearing Bates number
SCO1300031 |
| 79 | Amendment 2 to Microsoft Release, License and Option
Agreement with SCO, dated July 14, 2003, bearing Bates number
SCO1300030 |
| 80 | Software License Agreement between Sun Microsystems and SCO,
dated February 25, 2003, bearing Bates range SCO1287208-21 |
| 81 | Software License and Distribution Agreement between Unix
System Laboratories and Sunsoft, dated March 17, 1994, bearing
Bates range NOV 000011858-80 |
| 82 | Excerpts from the Sun 30(b)(6) Deposition Transcript of Marc
Hamilton, dated July 23, 2007 |
| 83 | Article titled, "Sun's Schwartz Speaks out on Linux, SCO
(Interview)," dated September 19, 2003 |
| 84 | Clarification of License Grant to UnixWare and Openserver
Drivers between Sun Microsystems and SCO, dated April 29, 2003,
bearing Bates range SCO1605380-93 |
| 85 | Product announcement for UnixWare Release 7.1.3, dated
November 20, 2002, bearing Bates range SCO1270099-110 |
| 86 | Product announcement for SCO UnixWare Release 7.1.4, dated
May 3, 2004, bearing Bates range SCO1700830-44 |
| 87 | Declaration of Andrew W. Nagle, dated January 25, 2008 |
| 88 | Intellectual Property Assignment, dated May 7, 2001 |
| 89 | Letter from C. Richard to J. Acheson regarding Sublicensed
Product Royalty Report, dated August 3, 2000, bearing Bates range
NOV 000033626-30 |
8
4. I declare under penalty of perjury that the foregoing is true
and correct.
Dated this 25th day of January, 2008.
__/s/ Brent O. Hatch____________
Brent O. Hatch
9
CERTIFICATE OF SERVICE
Plaintiff/Counterclaim-Defendant, The SCO Group, Inc., hereby
certifies that a true and correct copy of the foregoing was served
on Defendant/Counterclaim-Plaintiff, Novell, Inc., on this 25th day
of January, 2008, electronically via the Court's CM/ECF system to
the following:
Thomas R. Karrenberg
John P. Mullen
Heather M. Sneddon
ANDERSON & KARRENBERG
[address]
Michael A. Jacobs
Matthew I. Kreeger
Kenneth W. Brakebill
MORRISON & FOERSTER
[address]
10
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