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The SCO Litigation - From Soup to Nuts
Sunday, August 03 2008 @ 07:15 AM EDT

We have a new permanent page, SCO Litigation - From Soup to Nuts a table showing the main events in all the SCO and SCO-related litigation, thanks to Erwan's creativity. Our hope is that it will help you to keep track of this very complex saga. Now that the SCO v. Novell trial is over, we could be seeing some action in the other cases, and this should help you to recall where they left off.

If you see any mistakes or feel we should add anything to the table, sing out, will you? We've been working on refining it behind the scenes, and we've tried to incorporate corrections and suggestions. But now it's ready for prime time. Thanks, everyone. I'll post the table here also, to make it easier for you to work on any improvements.


IBM: SCO Group v. International Business Machines, Inc., Utah District Court [Timeline]

RH: Red Hat, Inc v. SCO Group, District Court of Delaware [Timeline]

Novell: SCO Group v. Novell, Inc, Utah District Court [Timeline]

SUSE: SUSE Linux GmbH (Germany) v. The SCO Group, inc (USA), ICC International Court of Arbitration

AZ: SCO Group v. AutoZone, District Court of Nevada [Timeline]

DC: SCO Group v. Daimler-Chrysler Corp, Oakland County 6th Judicial Circuit Court [Timeline]

Yarro: The Canopy Group, Inc. et al v. Ralph J. Yarro III et al. / Yarro et al v. Kreidel et al, Fourth Judicial District Court, Utah County

BK: SCO Bankruptcy, Bankruptcy Court for the District of Delaware [Timeline]


IBM Caldera Systems, Inc., d/b/a The SCO Group, files complaint against IBM in Utah state court, Third Judicial District, Salt Lake County [Text]. Case removed from Utah District Court on March 25, 2003 to federal court on IBM's [01] Notice of Removal, to US District Court for the District of Utah; case assigned to Judge Dale Kimball on March 26

RH [01] Complaint filed by Red Hat against SCO Group.


Novell [0] Complaint filed by SCO Group in Utah state court, in the Third Judicial District Court of Salt Lake County [Text]. [01] Case removed to federal court, US District Court for the District of Utah, on Novell's Notice of Removal [text] on February 6, 2004 and assigned to Judge Dale Kimball

AZ [01] Complaint filed against AutoZone by SCO Group [Text]

DC Complaint filed against Daimler Chrysler by SCO Group in Michigan state court, Oakland County, 6th Judicial Circuit Court [pdf] [Text]

RH [34] Memorandum Order denying SCO's Motion to Dismiss - [09] SCO's Opening Brief in Support [text]; [13] Red Hat's Answer Brief; [text]; case is stayed pending resolution of Utah litigation between SCO and IBM; parties shall each submit a letter every 90 days as to the status of the Utah litigation; if the Utah litigation is not proceeding in an orderly and efficient fashion the court may reconsider the stay [Text]

DC DaimlerChrysler's [April 14, 2004] Motion for Summary Disposition [text] granted, with one exception, whether SCO's demand for certification by licensees within 30 days was reasonable, which the judge ruled could not be settled on summary judgment [Eyewitness Reports of Hearing] [Article] [Transcript of hearing - order from the bench]

AZ [35] Order on AutoZone's Motion for Stay is granted. Parties to submit a letter every 90 days. AutoZone's [09] Motion for Transfer [text] is denied without prejudice [Text]

Yarro Yarro replaced as CEO of Canopy Group by William Mustard. [Article]

DC Stipulated Order Without Prejudice, dismissing "SCO Group, Inc.'s claim for breach of contract for Defendant DaimlerChrysler Corporation's alleged failure to respond to the request for certification in a timely manner", SCO's last remaining claim, closing the case [Text]

DC SCO Files Appeal [Article]


DC [6] Order: Dismissal - Administrative - Jurisdiction [Article]

Yarro Yarro et al sue Canopy Group [complaint; text] for unlawful ouster; Canopy files countersuit [text]

DC File Closed-Out

Yarro Yarro-Canopy cases settle


SUSE SUSE Linux GmbH files request for arbitration with the Secretariat of the ICC International Court of Arbitration in Paris, pursuant to the terms of the UnitedLinux contracts. [ICC Rules]

IBM [718] Order granting in part IBM's Motion to Limit SCO's Claims . Signed by Judge Brooke C. Wells on 28-Jun-2006. [Text]

IBM Partial Summary Judgment Motions [Table] [IBM's 597 Exhibits in Support of Motions]

SUSE The Chairman of the Arbitral Tribunal issues the "Terms of Reference" for signature. This document, which provides the parties' positions, is subsequently signed by the other members of the Tribunal as well as by SCO and SUSE Linux GmbH.

IBM [884] Order Affirming Magistrate Judge's Order of June 28, 2006. Novell to go to trial first [Text]

IBM Magistrate Judge Brooke C. Wells granted from the bench IBM's [695] Motion to Strike Allegations in Excess of the Final Disclosures [text]. Written Order to be prepared by IBM [Article]


SUSE [142] Affidavit of Felix Imendoerffer, attached to SUSE's 141] Special Opposition to SCO's [69] Motion to Enforce the Automatic Stay in the SCO bankruptcy [article] reveals that the Swiss Tribunal addressed the parties' jurisdictional objections, completing Phase I. Rejecting SCO's jurisdictional objections, the Tribunal held that the UnitedLinux Contracts obligate SCO to arbitrate SUSE Linux GmbH's claims and certain of SCO's counterclaims in Switzerland before the Tribunal, subject to Swiss law. Hearing set for December 3-14, 2007.

Novell [377] Memorandum Decision and Order on Partial Summary Judgments. Resolves: [147] Novell's Motion for Partial Summary Judgment or Preliminary Injunction is granted in part and denied in part;
[180] SCO's Cross-Motion for Summary Judgment or Partial Summary Judgment on Novell's Third, Sixth, Seventh, Eighth and Ninth Counterclaims is granted in part and denied in part;
[171] Novell's Motion for Partial Summary Judgment on its Fourth Claim is granted;
[220] SCO's Cross-Motion for Partial Summary Judgment on Novell's Fourth Claim is denied;
[258] SCO's Motion for Partial Summary Judgment on its First, Second, and Fifth Claims and Novell's First Claim is denied;
[271] Novell's Motion for Partial Summary Judgment on Copyright Ownership of SCO's Second Claim for Breach of Contract and Fifth Claim for Unfair Competition is granted;
[273] Novell's Motion for Partial Summary Judgment on SCO's Non-Compete Claims in its Second and Fifth Claims is granted in part and denied in part;
[275] Novell's Motion for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance is granted;
and [277] Novell's Motion for Summary Judgment on SCO's First Claim for Slander of Title for Failure to Establish Special Damages is ruled moot. [Article] [Text]

BK [01] Chapter 11 Voluntary Petition of The SCO Group, Inc. (Attachments: (1) Board Resolutions, (2) Certification and List of 20 Largest Unsecured Creditors, (3) Certification and List of Equity Security Holders, (4) Corporate Ownership Statement, (5) Certification and Creditor Matrix) [SCO Operations and SCO Group's Creditor Matrix as text] [Article] [Article]. This stays all pending SCO litigation.

BK [204] Order Granting Debtor The SCO Group, Inc.'s Motion To Enforce The Automatic Stay [in the SUSE arbitration] (related document(s) [69] [141]). Order signed on 13-Nov-2007.

BK [233] Order granting Novell's [89] Motion For Relief From Stay to Proceed with the Lawsuit [Text]


Novell Bench Trial Begins.
Transcript, Day 1, April 29, 2008 (Opening statements, testimony by witnesses called by Novell Joseph La Sala, Chris Sontag) [Part 1, Part 2, Part 3, Text]
Transcript, Day 2, April 30, 2008 (Sontag continues, then Darl McBride, Greg Jones and then SCO calls first witness, John Masciaszek) [Part 1, Part 2, Part 3, text]
Transcript, Day 3, May 1, 2008 (SCO witnesses William Broderick, Jean Acheson, Jeff Hunsaker, and Jay Petersen) [Part 1, Part 2, Part 3, text],
Transcript, Day 4, May 2, 2008 (Andrew Nagle; then closing statements) [PDF, text]

Novell [542] Findings of Fact and Conclusions of Law and Order. Signed by Judge Dale A. Kimball on 16-Jul-2008. [Text]

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