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The Hatch Exhibits Linked - Searching for #88
Monday, February 11 2008 @ 04:16 PM EST

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.

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

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:

EXHIBITDOCUMENT DESCRIPTION
1 Licensing Order Form between Silicon Graphics and Unix System Laboratories, dated August 27, 1993, bearing Bates range SCO0984582-620
2Unix System V History obtained from http://en.wikipedia.org/wiki/System_V
3Excerpts from UnixWare Binder, titled " UnixWare 2 Sales Kit"
4Excerpts 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 ]
6Declaration 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
7Declaration of John Maciaszek, dated November 9, 2006
8Excerpts from the Deposition Transcript of Christopher Sontag, dated March 14, 2007
9Excerpts from Deposition Transcript of John Maciaszek, dated March 21, 2007

2

EXHIBITDOCUMENT DESCRIPTION
10Report and Declaration of Thomas A. Cargill, dated May 29, 2007
11Declaration of William Broderick, dated December 11, 2006
12Declaration of John Maciaszek, dated December 11, 2006
13Declaration of Jean Acheson, dated December 11, 2006
14Supplement and Licensing Order form between NCR Corporation (AT&T GIS) and Novell, dated July 13, 1995, bearing Bates range SCO1499353-86
15Supplement and Licensing Order Form between Unisys Corporation and Novell Supplement 230, dated October 20, 1995, bearing Bates range SCO1039894- 925
16Collection of e-mails among transition team, bearing Bates range SCO1299938-82
17Supplement and Licensing Order Form between Stratus Computer, Inc. and SCO, dated March 17, 2007, bearing Bates range SCO0977706-36
18Declaration of Christopher Sontag, dated December 11, 2006
19Software Agreement between Alps Electric Company and Nihon SCO, dated March 29, 1996, bearing Bates range SCO1042581-619
20Supplement and Licensing Order Form between Unisys Corporation and SCO Supplement 233, dated May 28, 1996, bearing Bates range SCO1040467-96
21Supplement and Licensing Order Form between NCR Corporation and SCO, dated March 31, 1997, bearing Bates range SCO0977740-71
22Amendment Number 1 to the Asset Purchase Agreement, dated December 6, 1995, bearing Bates range SCO1186000-17
23Excerpts from the Deposition Transcript of Joseph A. LaSala, dated February 8, 2007
24Excerpts from the Novell 30(b)(6) Deposition Transcript of Gregory Jones, dated May 10, 2007

3

EXHIBITDOCUMENT DESCRIPTION
25Excerpts from the Deposition Transcript of Jean Acheson, dated March 20, 2007
26Excerpts from the Deposition Transcript of Theresa Dulin, dated April 13, 2007
27Excerpts from the SCO 30(b)(6) Deposition Transcript of William Broderick, dated May 14, 2007
28Software Agreement Supplement between Unisys and AT&T Supplement 128, dated January 30, 1990, bearing Bates range SCO1159013-26
29Software Agreement Supplement between Unisys and Unix System Laboratories Supplement 202, dated October 31, 1991, bearing Bates range SCO1062340-74
30Document titled, "Quarterly Royalty Amounts Reported by Unisys," bearing Bates number NOV 000033013
31Document titled, "Unisys Royalty Report for SCO UnixWare and UNIX Systems," 2000, bearing Bates range NOV 000033527-32
32Letter from B. Broderick to C. Lamont regarding Unisys agreements with SCO, dated May 26, 1996, bearing Bates number NOV 000011393
33Letter regarding software agreement between Unisys and SCO, dated June 25, 1996, bearing Bates range SCO1040448-50
34Product Announcement for SCO OpenServer 6, dated May 27, 2004, bearing Bates range SCO1672873-83
35Software Agreement between SCO and AT&T Information Systems, Inc., dated May 6, 1987, bearing Bates range SCO1449552-636
36Excerpts from the Deposition Transcript of Alok Mohan, dated February 23, 2007
37Article titled, "SCO to Seek Fees from Linux Users," dated January 14, 2003, bearing Bates range SCO1265967-68

4

EXHIBITDOCUMENT DESCRIPTION
38Document titled, "OpenServer Release 6 Sales Guide," bearing Bates range SCO1687209-31
39Amendment to Software Agreement between IBM, Novell, and SCO (Buyout Agreement), dated April 26, 1996, bearing Bates range NOV 000038339-42
40Letter from A. Mohan to R. Frankenberg regarding SVRX licenses, dated March 28, 1996, bearing Bates number SCO1234265
41Letter from A. Mohan to R. Frankenberg regarding SVRX licenses, dated April 10, 1996, bearing Bates SCO1290675-76
42Letter from A. Mohan to R. Frankenberg regarding proposed IBM royalty buyout, dated April 19, 1996, bearing Bates range SCO1298086-87
43Letter from A. Mohan to J. Tolonen regarding Novell-IBM Buyout, dated July 15, 1996, bearing Bates range NOV 000046904-05
44Declaration of Lawrence A. Bouffard, dated November 8, 2006
45Amendment Number 2 to the Asset Purchase Agreement, dated October 16, 1996, bearing Bates range SCO1451873-75
46Press Release titled, "SCO Establishes SCOsource to License UNIX Intellectual Property," dated January 22, 2003, bearing Bates range SCO1277300-02
47Document titled, "SCO System V for Linux Sales Guide Internal Use Only," dated February 25, 2003, bearing Bates SCO1537786-805
48Document titled, "SCOsource Announcement," dated December 11, 2002, bearing Bates range SCO1275727-46
49Declaration of William M. Broderick, dated January 25, 2008
50Letter 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
51Declaration of Jean Acheson, dated January 25, 2008

5

EXHIBITDOCUMENT DESCRIPTION
52Press Release titled, "SCO Announces Intellectual Property License for Linux," dated August 5, 2003
53Press 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
54Press Release titled, "SCO Establishes SCOsource; New Division Created to License and Protect UNIX Intellectual Property," dated December 11, 2002, bearing Bates range SCO1270136-39
55Press Release titled, "SCO Establishes SCOsource," dated December 11, 2002, bearing Bates range SCO1270095-96
56Declaration of John Maciaszek, dated January 24, 2008
57Press Release titled, "SCO Registers UNIX Copyrights and Offers Unix License," dated July 21, 2003
58Declaration of Christopher M. Sontag, dated January 24, 2008
59Press 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
60Excerpts from book titled, Novell's Guide to UnixWare 2
61Document titled, "SCO forum 2003 SCOsource Update," bearing Bates range NOV 000012724-50
62Intellectual Property Compliance License for SCO Unix Rights between SCO and Computer Associates International, dated August 11, 2003, bearing Bates range SCON0048531-38
63Document titled, "Price Book North America Price Book for The SCO Group Software Products," dated August 2003, bearing Bates range SCO1551865-84
64Intellectual Property Compliance License for Linux between SCO and Questar Corporation, dated January 16, 2004, bearing Bates range QC00003-10

6

EXHIBITDOCUMENT DESCRIPTION
65Excerpts from the Questar 30(b)(6) Deposition Transcript of Steve Welker, dated March 22, 2007
66Declaration of Christopher Sontag, dated May 18, 2007
67Technology License Agreement between Novell and The Santa Cruz Operation, Inc., dated December 6, 1995, bearing Bates range SCO1186018-22
68E-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
69E-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
70E-mail from G. Jones to C. Ledbetter, et al., regarding SCO Linux "Licensing" Program, dated December 4, 2002, bearing Bates range Nov 000039579-80
71E-mail from G. Jones to D. Wright regarding SCO Request for Novell UNIX Documents, dated November 22, 2002, bearing Bates range NOV 000039591- 92
72Excerpts from the Deposition Transcript of Gregory Jones, dated January 26, 2007
73Excerpts from the Deposition Transcript of Darl McBride, dated March 27, 2007
74Excerpts from the Novell 30(b)(6) Deposition Transcript of Joseph A. LaSala, dated May 16, 2007
75Release, License and Option Agreement between Microsoft and SCO, dated April 30, 2003, bearing Bates range SCO1300033-46
76Amendment 3 to Microsoft Release, License and Option Agreement with SCO, dated July 21, 2003, bearing Bates range SCO1300028-29
77Amendment 4 to Microsoft Release, License and Option Agreement with SCO, dated July 31, 2003, bearing Bates range SCO1300026-27

7

EXHIBITDOCUMENT DESCRIPTION
78Amendment 1 to Microsoft Release, License and Option Agreement with SCO, dated June 23, 2003, bearing Bates number SCO1300031
79Amendment 2 to Microsoft Release, License and Option Agreement with SCO, dated July 14, 2003, bearing Bates number SCO1300030
80Software License Agreement between Sun Microsystems and SCO, dated February 25, 2003, bearing Bates range SCO1287208-21
81Software License and Distribution Agreement between Unix System Laboratories and Sunsoft, dated March 17, 1994, bearing Bates range NOV 000011858-80
82Excerpts from the Sun 30(b)(6) Deposition Transcript of Marc Hamilton, dated July 23, 2007
83Article titled, "Sun's Schwartz Speaks out on Linux, SCO (Interview)," dated September 19, 2003
84Clarification of License Grant to UnixWare and Openserver Drivers between Sun Microsystems and SCO, dated April 29, 2003, bearing Bates range SCO1605380-93
85Product announcement for UnixWare Release 7.1.3, dated November 20, 2002, bearing Bates range SCO1270099-110
86Product announcement for SCO UnixWare Release 7.1.4, dated May 3, 2004, bearing Bates range SCO1700830-44
87Declaration of Andrew W. Nagle, dated January 25, 2008
88Intellectual Property Assignment, dated May 7, 2001
89Letter 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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