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SCO v. IBM
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(In chronological order; numbers correspond with those on Pacer.)

  • SCO's NDA [text]
  • SCOsource Presentation Oct. 24, 2003 [pdf]
  • The Project Monterey Contract between The Santa Cruz Operation and IBM, signed October 26, 1998 [text]
  • SCO's Subpoena to the Free Software Foundation [pdf] [text FSF ] [text]
  • 0 - SCO's Complaint [text]
  • 1 - Notice of Removal
    • Exhibit A - Copy of Complaint
    • Exhibit B - Certified copy of IBM's original Certificate of Incorporation
    • Exhibit C - Subsistence Certificate from the State of New York certifying that IBM is incorporated in the State of New York (dated March 11, 2003)
    • Exhibit D - Summons, served March 6, 2003
    • Exhibit E - letter to IBM dated March 6, 2003, terminating AIX license
  • 2 - Rule 7 disclosure statement by Caldera
  • 3 - Recusal of Judge Paul G. Cassell; reassignment to Judge Dale A. Kimball
  • 4 - Motion and Order pro hac vice signed by Judge Paul G. Cassell granting motion/PHV for Attorney Evan R. Chesler, Thomas G. Rafferty for IBM
  • 5 - Certificate of election by Caldera
  • 6 - Certificate of election by IBM
  • 7 - Stipulation and Joint Motion for Extension of Time to Respond to Complaint
  • 8 - Order by Judge Kimball granting [7]; IBM to respond by 4/20/03, answer due 5:00 4/20/03
  • 9 - Amended Joint Motion to extend time to respond to 4/30/03
  • 10 - Order by Judge Kimball granting [9]; IBM to respond by 4/30/03, answer due 5:00 4/30/03
  • 11 - Motion and Order by Judge Kimball granting motion pro hac vice for Attorney Fred O. Goldberg, Leonard K. Samuels for Caldera
  • 12 - Notice of Registration and Name Change (Cravath, Swaine & Moore now LLP)
  • 13 - IBM's Answer April 30, 2003
  • 14 - Motion and Order pro hac vice for Attorney Mark J. Heise, Stephen Neal Zack, Debra Weiss Goodstone, David Boies for Caldera
  • 15 - IBM Amended Answer, May 20, 2003 [text]
  • 16 - Magistrate Notice of Hearing --Initial Pretrial Conference set for 9:30 on 8/13/03 before Judge Nuffer
  • 17 - Certificate of Service, IBM re: 1st Set of Interrogatories and Request for Documents
  • 18 - Caldera Motion for Leave to File Amended Complaint
  • 19 - Caldera Memorandum in Support of Motion to amend complaint [18]
  • 20 - Certificate of Service, Caldera, Re: 1st Request for Production of Documents and 1st Set of Interrogatories
  • 21 - IBM Memorandum in Response to Motion for Leave to File Amended Complaint
  • 22 - Order by Judge Kimball granting [18-1] motion to amend complaint
  • 23 - Scheduling Order Joining of parties, amending of pleadings on 10/1/03 ; Deadline for filing of all motions 11/10/04 ; Discovery cutoff 10/22/04 ; Attorney Conference by 3/11/05 ; Final Pretrial Conference for 2:30 3/28/05 ; 5 Week Jury Trial for 8:30 4/11/05. Rule 26(f)(1) cnf held. Expert witness disclosure dates set. Not referred to ADR. Discovery limits set.
  • 24 - Attorney's Planning Report and Proposed Scheduling Order
  • 25 - SCO's Amended Complaint [text]
  • 26 - Certificate of Service by SCO re: SCO's responses to IBM's 1st Set of Interrogatories and 1st Request for Documents
  • 27 - IBM's Answer to SCO's Amended Complaint and IBM's Counterclaims
    • Exhibit A - Software Agreement - SOFT00015 (February 1, 1985) [text]
    • Exhibit B - Sublicensing Agreement - SUB-00015A (February 1, 1985) [text]
    • Exhibit C - Substitution Agreement - XFER-00015B (February 1, 1985)
    • Exhibit D - Letter Agreement (February 1, 1985) [text]
    • Exhibit E - Software Agreement Supplement 170
    • Exhibit F - Letter Agreement amendment to 170 (January 25, 1989)
    • Exhibit G - Amendment X (October 17, 1996) [text]
    • Exhibit H - The General Public License
    • Exhibit I - SCO's Letter to 1500 [text]
    • Exhibit J - Asset Purchase Agreement between Novell and Original SCO (September 19, 1995) [text]
    • Exhibit K - Novell CEO Jack Messman letter of June 9, 2003 to Darl McBride directing SCO to waive re IBM
    • Exhibit L - Messman letter of June 12, 2003 to Darl McBride - Novell waives re IBM
    • Exhibit M - IBM letter dated April 2, 2003
    • Exhibit N - IBM letter dated May 5, 2003
    • Exhibit O - IBM Patent
    • Exhibit P - IBM Patent
    • Exhibit Q - IBM Patent
    • Exhibit R - IBM Patent
  • 28 - Certificate of Service by IBM RE: IBM's Responses & Objections to SCO's 1st Request for Documents and 1st Set of Interrogatories
  • 29 - Stipulation by parties to extend time for SCO to respond to IBM's counterclaim until 9/25/03
  • 30 - Order by Judge Kimball granting [29-1] stipulated motion to extend time
  • 31 - IBM Subpoena of Canopy Group [text]
  • 32 - Stipulation to Amend Scheduling Order [23-1]
  • 33 - Order granting Stipulation to Amend Scheduling Order [32-1]
  • 34 - Canopy Group Objections to Subpoena [text]
  • 35 - Order of Reference assigning nondispositive pretrial matters to Magistrate Judge
  • 36 - Case assigned to Magistrate Judge Brooke C. Wells
  • 37 - IBM Certificate of Service re 2nd Set of Interrogatories and 2nd Request for Production of Documents
  • 38 - Stipulated Protective Order [text]
    • Exhibit A - Declaration and Acknowledgment (blank)
  • 39 - SCO Motion to Extend Time to Respond to IBM's counterclaims to 10/15/03
  • 40 - Order granting SCO Motion for Enlargment of Time to Respond to 10/15/03 [text]
  • 41 - IBM's Amended Counterclaims [text]
    • Exhibit A - Software Agreement - SOFT00015 (February 1, 1985) [text]
    • Exhibit B - Sublicensing Agreement - SUB-00015A (February 1, 1985) [text]
    • Exhibit C - Substitution Agreement - XFER-00015B (February 1, 1985)
    • Exhibit D - Letter Agreement (February 1, 1985) [text]
    • Exhibit E - Software Agreement Supplement 170
    • Exhibit F - Letter Agreement amendment to 170 (January 25, 1989)
    • Exhibit G - Amendment X (October 17, 1996) [text]
    • Exhibit H - The General Public License
    • Exhibit I - SCO's Letter to 1500 [text]
    • Exhibit J - Asset Purchase Agreement between Novell and Original SCO (September 19, 1995) [text]
    • Exhibit K - Novell CEO Jack Messman letter of June 9, 2003 to Darl McBride directing SCO to waive re IBM
    • Exhibit L - Messman letter of June 12, 2003 to Darl McBride - Novell waives re IBM
    • Exhibit M - IBM letter dated April 2, 2003
    • Exhibit N - IBM letter dated May 5, 2003
    • Exhibit O - Copyright Certificate
    • Exhibit P - Copyright Certificate
    • Exhibit Q - Copyright Certificate
    • Exhibit R - Copyright Certificate
    • Exhibit S - Copyright Certificate
    • Exhibit T - Copyright Certificate
    • Exhibit U - Copyright Certificate
    • Exhibit V - `746 Patent: Data compression method
    • Exhibit W - `211 Patent: Method of navigating among program menus using a graphical menu tree
    • Exhibit X - `209 Patent: Self-verifying receipt and acceptance system for electronically delivered data objects
    • Exhibit Y - `785 Patent: Method for monitoring and recovery of subsystems in a distributed/clustered system
  • 42 - SCO Motion for Enlargement of Time [text]
  • 43 - Order granting SCO Motion for Enlargement of Time until February 4, 2004 [text]
  • 44 - IBM Motion to Compel Discovery [text]
  • 45 - IBM Memorandum in Support of Motion to Compel Discovery [text]
    • Exhibit A - IBM letter of April 2, 2003 [text]
    • Exhibit B - IBM Letter of May 5, 2003 [text]
    • Exhibit C - Maureen O'Gara, LinuxWorld
    • Exhibit D - Defendant IBM's First Set of Interrogatories and First Request for the Production of Documents [text]
    • Exhibit E - Plaintiff's Responses to Defendants First Set of Interrogatories and First Request for the Production of Documents [text]
    • Exhibit F - SCOSource Slide show
    • Exhibit G - Shaughnessy letter of August 27, 2003 [text]
    • Exhibit H - Heise letter of September 8, 2003 [Text] [text]
    • Exhibit I - Shaughnessy letter of August 29, 2003 [text]
    • Exhibit J - Plaintiff's First Request for Production of Documents and First Set of Interrogatories [text]
  • 46 - IBM Addendum to Memorandum in Support of Motion to Compel Discovery [45-1]
  • 47 - SCO Certificate of Service RE: Request for Admissions
  • 48 - IBM Certificate of Service RE 1st Supplemental Responses and Objections to SCO's 1st Set of Interrogatories
  • 49 - SCO Motion to Extend Time to Respond to IBM's Amended Counterclaims
  • 50 - Order Granting SCO's Motion for Enlargement of Time to Respond to IBM's Motion to Compel Discovery granted until October 24, filed Oct. 28
  • 51 - SCO's Motion for Enlargement of Time to Respond to Defendant IBM's Second Set of Interrogatories and Second Request for Production of Documents [text]
  • 52 - SCO's Motion for Enlargement of Time to Respond to Defendant IBM's Motion to Compel Discovery. [text]
  • 53 - IBM's Memorandum in Opposition to Plaintiff's Motion for Enlargement of Time to Respond to IBM's Motion to Compel Discovery [text]
  • 54 - SCO's Substitute Motion for Enlargement of Time to Respond to IBM's Motion to Compel Discovery [text]
  • 55 - SCO Memorandum in Opposition to Motion to Compel Discovery
  • 56 - Certificate of Service RE SCO's Supplemental Responses to IBM's 1st Set of Interrogatories
  • 57 - Certificate of Service RE SCO's Supplemental Responses to IBM's 2nd Set of Interrogatories and 2nd Requests for Production of Documents
  • 58 - SCO's Answer to IBM's Amended Answer with Counterclaims [text] [Chart with side-by-side comparison to IBM's Amended Counterclaims]
  • 59 - Order Granting Plaintiff's Motion for Enlargement of Time to Respond to Defendant IBM's Motion to Compel Discovery
  • 60 - Certificate of service re: IBM's 3rd set of interrogatories and 3rd request for prod of documents
  • 61 - IBM Certificate of service re: subpoenas served on Baystar Capital, The Yankee Group, Renaissance Research Group, Deutsche Bank Securities
  • 62 - Minute entry Counsel for both parties present. Discussion held re: status of discovery. Parties to reconvene for a status conference set for 11/21/03 at 10:00 a.m. before Judge Wells. If at that time it is determined that a hearing should be held re: Motion to Compel (docket entry #44), that hearing will be set for 12/5/03 at 10:00 a.m. Court adjourned. Status conference set for 10:00 11/21/03, Motion hearing set for 10:00 12/5/03 for [44-1] motion to compel Discovery [Transcript]
  • 63 - IBM Memorandum in Support of Motion to Compel
    • Exhibit A - SCO Supplemental Response to 1st Set of Interrogatories
    • Exhibit B - IBM's Responses and Objections to SCO's 1st Request for Admissions by IBM
  • 64 - IBM Addendum to IBM Reply Memorandum in Support of Motion to Compel [text]
  • 65 - IBM Certificate of Service RE IBM's Responses and Objections to SCO's 1st Request for Admissions
  • 66 - SCO Motion to Compel Discovery [text]
  • 67 - SCO Memorandum in Support of Motion to Compel [text 1] [text 2]
  • 68 - IBM's 2nd Motion to Compel Discovery [text]
  • 69 - IBM's Memorandum in Support of 2nd Motion to Compel Discovery [text]
    • Exhibit A - SCO's supplemental responses to IBM's Second Set of Interrogatories and Second Request for Production of Documents [text]
    • Exhibit B - SCO's responses to IBM's First Set of Interrogatories and First Request for Production of Documents
    • Exhibit C - Bob Mims, SCO Stock Soars after Nod From Analyst, The Salt Lake Tribune, October 16, 2003
    • Exhibit D - SCO, IBM, Unix, Microsoft, and Canopy - SCO Group's Sontag Speaks Out
    • Exhibit E - Maureen O'Gara, Sun and Microsoft Agree on SCO License
    • Exhibit F - Illustration of documents IBM has requested and SCO has/hasn't provided
  • 70 - CO's Exhibits to Motion to Compel Discovery:
    • Exhibit A - IBM's Responses and Objections to SCO's 1st Interrogatories and Request for Documents
    • Exhibit B - IBM letter of 9/15/03
    • Exhibit C - Heise letter of 9/22/03 [text]
  • 71 - Magistrate Notice of Hearing status conference set for 10:00 11/21/03 To be held before Judge Wells
  • 72 - Magistrate Notice of Hearing Motion hearing set for 10:00 12/5/03 for [68] motion to compel discovery, set for 10:00 12/5/03 for [66] motion to Compel Discovery, set for 10:00 12/5/03 for [44] motion to compel Discovery To be held before Judge Wells
  • 73 - IBM Motion to Strike 5th, 15th and 19th Affirmative Defenses [text]
  • 74 - IBM Memorandum in Support of Motion to Strike [text]
  • 75 - Certificate of Service: RE Notice of Service of Discovery re Subpoenas for discovery by SCO on FSF, Linus, OSDL, Novell, Transmeta, Digeo
  • 76 - Certificate of Service of Discovery re Subpoenas for discovery by SCO on FSF, Linus, OSDL, Novell, Transmeta, Digeo
  • 77 - Motion and Order pro hac vice by Judge Kimball granting motion/PHV for Attorney David K. Markarian for SCO
  • 78 - AMENDED Magistrate Notice of Hearing Reset status conference for 9:00 a.m. on 11/21/03.
  • 79 - IBM Memorandum in Opposition to SCO's Motion to Compel Discovery [text]
  • 80 - Minutes of November 21, 2003 Status Conference - Hearing set for December 5, 2003 [transcript-pdf]
  • 81 - SCO's Memorandum in Opposition to IBM's Second Motion to Compel Discovery [text]
    • Exhibit A - IBM's Certificate of Compliance with Rule 37(a)(2)(A) [text]
    • Exhibit B - SCO's revised and supplemental answers to Interrogatory 1
    • Exhibit C - IBM's First Set of Interrogatories and First Request for the Production of Documents
  • 82 - SCO Memorandum in Opposition to Motion to Strike [text]
  • 83 - SCO Motion for Enlargement of Time to Respond to Defendant IBM's Third Set of Interrogatories and Third Request for Production of Documents [text]
  • 84 - SCO's Reply Memorandum of Law in Support of SCO's Motion to Compel Discovery [text]
    • Exhibit A - IBM-Shaughnessy letter of October 10, 2003 [text]
    • Exhibit B - Sample IBM third-party notification
    • Exhibit C - SCO letter of September 22, 2003 [text]
    • Exhibit D - New York Times article about IBM's Sam Palmisano and Irving Wladawsky-Berger spearheading the move to Linux
  • 85 - IBM Certificate of service re: Subpoenas Duces Tecum upon Northrop Grumman Corp; Sun Microsystems, Inc.; Schwartz Communications, Inc. for the production of documents by 12/16/03
  • 86 - IBM's Reply Memorandum in Support of Second Motion to Compel Discovery
  • 87 - Declaration of Todd M. Shaughnessy Re: [68-1] motion to compel discovery [text]
  • 88 - Minutes of Dec. 5, 2003 Court Hearing [text]
  • 89 - Magistrate Notice of Hearing Motion hearing set for 10:00 a.m. on 1/23/04 for [83-1] motion to extend time for SCO to respond to IBM's 3rd set of interrogatories and 3rd request for production of documents, set for 10:00 1/23/04 for [73-1] motion to strike the 5th, 15th, and 19th affirmative defenses asserted by the SCO in its Answers to IBM' Amended Counterclaims, set for 10:00 1/23/04 for [66-1] motion to Compel Discovery, set for 10:00 1/23/04 for [52-1] motion to extend time to 10/24/03 for SCO to respond to mot/compel, set for 10:00 1/23/04 for [51-1] motion to extend time to respond to IBM's second set of interrogatories and second request for production of documents, set for 10:00 1/23/04 for [44-1] motion to compel Discovery to be held before Judge Wells
  • 90 - CORRECTED Certificate of service by SCO re: 2nd request for production/interrogatories
  • 91 - Notice of attorney appearance for SCO by Kevin P McBride
  • 92 - Certificate of service by SCO re: resp/objections to IBM's 3rd set of interrogatories/request for production of docs
  • 93 - IBM Reply Memorandum in Support of Motion to Strike [text]
  • 94 - Order Granting IBM's Motions to Compel [text]
  • 95 - Order, for transcript of proceedings for hearing held 12/05/03, before Magistrate Judge Wells, signed by Judge Brooke C. Wells
  • 96 - Notice of Compliance with Court Order of 12/12/03 by SCO [text]
  • 97 - Declaration of Ryan E. Tibbitts (SCO) [text]
  • 98 - Magistrate Notice of Hearing Motion hearing set for 10:00 2/6/04 for all pending motions: [83-1] motion to extend time for SCO to respond to IBM's 3rd set of interrogatories and 3rd request for production of documents, set for 10:00 2/6/04 for [73-1] motion to strike the 5th, 15th, and 19th affirmative defenses asserted by SCO in its Answers to IBM' Amended Counterclaims, set for 10:00 2/6/04 for [66-1] motion to Compel Discovery, set for 10:00 2/6/04 for [52-1] motion to extend time to 10/24/03 for SCO to respond to mot/compel, set for 10:00 2/6/04 for [51-1] motion to extend time to respond to IBM's 2nd set of interrogatories and s2nd request for production of documents to be held before Judge Wells
  • 99 - SCO Certificate of service re: SCO's revised supplemental response to IBM's 1st and 2nd set of interrogatories
  • 100 - Plaintiff's Motion for Leave to File Amended Pleadings [text]
  • 101 - Notice of Filing Plaintiff's Exhibits for Use at Hearing on February 6, 2004 filed February 4, 2004
    • Exhibit 1 - SCO's Source Log of documents that have been produced [text]
    • Exhibit 2 - IBM's Responses and Objections to SCO's First Request for Admissions [text]
    • Exhibit 3 - Spreadsheet listing documents sought in SCO's First Request for Production to IBM [text]
    • Exhibit 4 - SCO's Notice of Compliance and attached Declaration dated January 12, 2004
  • 102 - SCO's Memorandum of Law in Support of Motion for Leave to File Amended Pleadings
  • 103 - IBM's Report on SCO's Compliance with the Court's December 12, 2003 Order [text]
  • 104 - Minutes of February 6, 2004 hearing [text]
  • 105 - Notice of filing of change of atty address by SCO
  • 106 - Memorandum of IBM in Response to SCO's Motion for Leave to File Amended Pleadings
  • 107 - Order Granting [100] SCO's Motion for Leave to File Amended Pleadings
  • 108 - SCO's Second Amended Complaint
  • 109 - Judge Wells' Order Regarding SCO's Motion to Compel Discovery and IBM's Motion to Compel Discovery [text] [article]
  • 110 - Addendum to Protective Order in SCO v. IBM [text]
  • 111 - Motion and Order signed by Judge Dale A. Kimball, 10 Mar, 2004, Granting motion/PHV for Attorney Scott E. Gant on behalf of Plaintiff The SCO Group
  • 112 - SCO's Amended Answer to IBM's Amended Counterclaims [text] [comparison chart]
  • 113 - Exhibits filed by SCO Group re [108] Second Amended Complaint
    • Exhibit A - Software Agreement Number SOFT-00015 (AT&T/IBM Software Agreement) (February 1, 1985)
    • Exhibit B - Sublicensing Agreement Number SUB-00015A (AT&T/IBM Sublicensing Agreement) (February 1, 1985)
    • Exhibit C - Side letter (AT&T/IBM Side Letter to SOFT-00015, SUB-00015A, XFER-00015B) (February 1, 1985)
    • Exhibit D - Software Agreement Supplement 170 (AT&T/IBM Supplement to SOFT-00015) (Janurary 25, 1989)
    • Exhibit E - Amendment X (IBM/SCO/Novell Ammendment to SOFT-00015, SUB-00015A, XFER-00015B) (October 17, 1996)
    • Exhibit F - Software Agreement Number SOFT-000321 (AT&T/Sequent Software Agreement) (April 18, 1985)
    • Exhibit G - Sublicensing Agreement SUB-000321A (AT&T/Sequent Sublicensing Agreement) (Janurary 26, 1986)
    • Exhibit H - Copyright TXu 510 028 UNIX Operating System, Edition 5 and Instruction Manual (AT&T) (March 25, 1992)
    • Exhibit I - Copyright TXu 511 236 UNIX 6th ed (Computer program; with programmer's manual by K. Thopson, D. M. Ritchie) (USL) (April 7, 1992)
    • Exhibit J - Copyright TXu 516 704 Unix Operating System, Edition 32V and Instruction Manual (AT&T) (May 15, 1992)
    • Exhibit K - Copyright TXu 516 705 Unix Operating System, Edition 7 and Instruction Manual (AT&T) (May 15, 1992)
    • Exhibit L - Copyright TXu 301 868 Operating System Utility Programs (AT&T) (November 25, 1987)
    • Exhibit M - Copyright TX 5-787-679 UnixWare 7.1.3 (SCO) (June 11, 2003)
    • Exhibit N - Copyright TX 5-750-270 UNIX System V Release 3.0 (AT&T) (July 7, 2003)
    • Exhibit O - Copyright TX 5-750-269 UNIX System V Release 3.1 (AT&T) (July 7, 2003)
    • Exhibit P - Copyright TX 5-750-271 UNIX System V Release 3.2 (AT&T) (July 7, 2003)
    • Exhibit Q - Copyright TX 5-776-217 UNIX System V Release 4.0 (USL) (July 16, 2003)
    • Exhibit R - Copyright TX-5-705-356 UNIX System V Release 4.1ES (USL) (June 30, 2003)
    • Exhibit S - Copyright TX 5-762-235 UNIX System V Release 4.2 (USL) (July 3, 2003)
    • Exhibit T - Copyright TX 5-762-234 UNIX System V Release 4.1 (USL) (July 3, 2003)
    • Exhibit U - Copyright TX 5-750-268 UNIX System V Release 3.2/386 (AT&T) (July 9, 2003)
    • Exhibit V - Asset Purchase Agreement between Novell and Original SCO (September 19, 1995)
  • 114 - Minute entry - Teleconference held in chambers at the request of both parties
  • 115 - Stipulation by SCO/IBM to extend time for IBM to respond to 2nd Amended Complaint up to and including 3/19/04
  • 116 - Order Extending Time to Respond to Second Amended Complaint to March 19, 2004 [text]
  • 117 - Stipulation and joint motion by Intl Bus Mach Inc, SCO Grp to extend time to respond to second amended complaint up to and including 3/26/04 [text]
  • 118 - Order Extending Time for IBM to Respond to SCO's Second Amended Complaint
  • 119 - Acceptance of service of Subpoena Duces Tecum as to IBM
  • 120 - SCO's Motion for Separate Trials [text]
  • 121 - SCO's Memorandum in Support of Motion for Separate Trials [text]
  • 122 - Notice of service of Subpoenas Duces Tecum by IBM [text]
    • Subpeona - Morgan Keegan : Morgan Keegan & Co., Inc.
    • Subpeona - EV1 : Everyone's Internet, Ltd.
    • Subpeona - Oracle : Oracle Corporation
    • Subpeona - Royce : Royce & Associates, Inc.
    • Subpeona - CAI : Computer Associates International, Inc.
    • Subpeona - Center7 : Center 7, Inc.
    • Subpeona - Novell : Novel, Inc.
    • Subpeona - Canopy : The Canopy Group
    • Subpeona - S2 : S2 Strategic Consulting, LLC
  • 123 - Motion by IBM to amend [41] amended counterclaim
  • 124 - Order Granting [123] IBM Leave to Amend its Counterclaims [text]
  • 125 - Certificate of service re: 4th req for prod/docs & 4th set of interrogs by SCO Grp (alt)
  • 126 - IBM's Answer to SCO's Second Amended Complaint [text] and [comparison chart]
  • 127s - IBM's Unopposed Motion for Leave to File Amended Counterclaims [text]
  • 127 - IBM's Second Amended Counterclaims Against SCO [text] and [3-way comparison chart SCO's Amended Complaint, SCO's 2nd Amended Complaint, IBM's Answer to SCO's 2nd Amended Complaint]
  • 128 - Certificate of service by Intl Bus Mach Inc re: fourth set of interrogatories and fourth request for production of documents
  • 129 - SCO's Motion to Amend Scheduling Order [text]
  • 130 - SCO's Memorandum in Support of Motion to Amend Scheduling Order [text]
  • 132 - IBM's Response to SCO's Motion for Separate Trials [text]
  • 133 - SCO Certificate of service of SCO's objections to IBM's notice of deposition
  • 134 - Stipulation and Order re Motion to Amend Scheduling Order and Time to Answer IBM's Amended Counterclaims [text]
  • 135 - Certificate of service re: responses to 3rd set of interrogatories by SCO
  • 136 - S2's Objections to [IBM's] Subpoena Duces Tecum [text]
  • 137 - SCO's Reply Memorandum in Support of Its Motion for Separate Trials [text]
  • 138 - Declaration of Chris Sontag [text]
  • 139 - Declaration of Todd M. Shaughnessy [text]
  • 140 - IBM Certificate of service re: 2nd Supplemental Responses and Objections to SCO's 1st set of interrrogatories; responses and obj to SCO's 2nd set of interrogs and second request for the prod of docs; and responses and obj to SCO's 3rd set of interrogs and 3rd request for the prod of docs
  • 141 - SCO Answer to [127-1] IBM's 2nd Amended Counterclaims [text] (SCO drops GPL is unconstitutional claim)
  • 142 - SCO's Motion to Dismiss, or, in the Alternative, to Separate or Stay Counts 9, 10 and 14 of IBM's 2nd Amended Counterclaims [text]
  • 143 - SCO's Memorandum in Support of Motion to Dismiss or Stay Count Ten of Plaintiff IBM's Second Amended Counterclaims Against SCO [text]
  • 144 - SCO's Corrected Motion to Dismiss or Stay Count Ten of Counterclaim-Plaintiff IBM's Second Amended Counterclaims Against SCO [text]
  • 145 - IBM Certificate of service re: responses and objections to SCO's 4th set of requests for the production of docs and 4th set of interrogatories
  • 146 - Stipulation by SCO/IBM re: briefing for pending motions
  • 147 - Order RE: Pending Motions [text]
  • 148 - IBM's Memorandum in Opposition to SCO's Motion to Amend the Scheduling Order [text]
  • 149 - IBM Certificate of service re: 5th request for the production of docs
  • 150 - Stipulation to amend [147-1] order setting briefing on pending motions. Stipultated to the following: IBM's Memo in Opposition to SCO's Motion to Dismiss due 5/18/04; SCO's Reply Memo in Support of its Motion to Dismiss due 6/1/04
  • 151 - Order re: Briefing for Pending Motions. Stipulated to the following: IBM's Memo in Opposition to SCO's Motion to Dismiss due 5/18/04; SCO's Reply Memo in Support of its Motion to Dismiss due 6/1/04 signed by Judge Dale A. Kimball
  • 152 - IBM's Cross-Motion For Partial Summary Judgement On Its Claim For Declaratory Judgement Of Non-Infringement [text]
  • 153 - IBM's Memorandum In Support Of Its Cross-Motion For Partial Summary Judgement On Its Claim For Declaratory Judgement Of Non-Infringement [text]
  • 154 - Declaration of Daniel Frye [text]
  • 155 - IBM's Memorandum in Opposition to SCO's Motion to Dismiss or Stay Count Ten of IBM's Second Amended Counterclaims [text]
  • 156 - Declaration of Amy Sorenson [text]
  • 157 - Declaration of Todd M. Shaughnessy Re: [152-1] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement. [text]
    • Exhibit 1 - SCO Linux Introduction, SCO Education v.1.2
    • Exhibit 2 - Plaintiff SCO Answer to IBM Second Amended Counterclaims
    • Exhibit 3 - SCO Community Contributions - SCO Forum 2002
    • Exhibit 4 - Caldera Inc. 10-K dated 10-31-00
    • Exhibit 5 - SCO Second Amended Complaint
    • Exhibit 6 - Caldera Inc. 10-K dated 10-31-02
    • Exhibit 7 - Caldera Press Release dated 5-30-02
    • Exhibit 8 - Caldera Press Release dated 5-20-03
    • Exhibit 9 - SCO v IBM Complaint
    • Exhibit 10 - SCO letter to IBM dated 5-12-03 to Mr. Lucio A. Noto, Audit Committee Chair
    • Exhibit 11 - Transcript of SCO conference call July 21, 2003 (by Fair Disclosure Financial Network)
    • Exhibit 12 - Transcript of December 5, 2003 hearing
    • Exhibit 13 - SCO letter to 'Linux Users' (December 19, 2003)
    • Exhibit 14 - SCO Complaint against AutoZone
    • Exhibit 15 - IBM Second Amended Counterclaims
    • Exhibit 16 - SCO Memorandum in Support of Motion to Dismiss or Stay Count 10 of IBM Second Amended Counterclaims
    • Exhibit 17 - Red Hat v. SCO Complaint
    • Exhibit 18 - Red Hat v SCO SCO Opening Brief in Support of Motion to Dismiss
    • Exhibit 19 - Red Hat v SCO Memorandum Order by Judge Sue L. Robinson
    • Exhibit 20 - Cnet.com article of 8-18-03 re: SCO Forum
    • Exhibit 21 - InternetWeek.com article of 6-2-03 re: SCO to Release Disputed Code
    • Exhibit 22 - Globeandmail.com article of 8-21-03 re: Linux Community Scoffs at SCO's evidence
    • Exhibit 23 - Salon.com article of 12-22-03 by Sam Williams
    • Exhibit 24 - KSL.com transcript of 11-12-03 re: Utah Software Company suing IBM
    • Exhibit 25 - Linuxworld.com article of 6-16-03 re: SCO files for AIX Injunction against IBM
    • Exhibit 26 - SCO's Supplemental Response to Defendant IBM First Set of Interogatories
    • Exhibit 27 - SCO's Revised Supplemental Response to Defendant IBM First and Second Set of Interogatories
    • Exhibit 28 - Letter from Brent Hatch to Shaughnesy dated 4-19-04 containing Chris Sontag Declaration [Text]
      • Exhibit A - 'The SCO Group Source Log' [Text]
      • Exhibit B - 'AIX Files & lines in code drop for Linux 2.2.12' [Text]
      • Exhibit C - 'Lines of code derived from Dynix/ptx contributed to Linux 2.6.5 by IBM'
      • Exhibit D - 'Files & lines in Dynix v4.6.1 tree/Code drop for Linux 2.4.1'
      • Exhibit E - 'AIX File Lines'
      • Exhibit F - 'Dynic File Name/Lines'
      • Exhibit G - 'Linux Files'
    • Exhibit 29 - Letter from Heise to Marriott dated 2-4-04
    • Exhibit 30 - Fortune Magazine Cover Story dated 5-17-04
    • Exhibit 31 - Linuxworld.com article of 3-21-03 re: SCO's Lawyer Speaks Says Nothing
    • Exhibit 32 - Spiegel Online article of 4-13-04 re: Linux Hunter Puts Everything on the Line
    • Exhibit 33 - Defendant IBM Second Set of Interogatories and Second Request for Production of Documents
    • Exhibit 34 - Plaintiff SCO Supplemental Response to Defendant IBM Second Set of Interogatories and Second Request for Production of Documents
    • Exhibit 35 - Defendant Counterclaimant/Plaintiff IBM Memorandum in Support of Second Motion to Compel Discovery
    • Exhibit 36 - Order Granting Motion to Compel Discovery dated 12-12-03
    • Exhibit 37 - Plaintiff SCO Notice of Compliance with Court Order of 12-12-03
    • Exhibit 38 - IBM's Report on SCO's Compliance with the Court Order of 12-12-03
    • Exhibit 39 - Transcript of 2-6-04 Court hearing
    • Exhibit 40 - Order Regarding SCO's Motion to Compel and IBM's Motion to Compel
    • Exhibit 41 - Declaration of Chris Sontag
    • Exhibit 42 - Defendant IBM Answer to Amended Complaint and Counterclaimant/Plaintiff IBM's Counterclaims Against SCO (August 6, 2003)
  • 158 - Notice of Hearing filed : Motion hearing set for 10:30 6/8/04 for [142-2] motion or, in the alternative to separate, set for 10:30 6/8/04 for [129-1] motion to amend [23-1] Scheduling order To be held before Judge Kimball
  • 159 - Notice of Hearing filed : Motion hearing set for 3:00 8/4/04 for [152-1] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement, set for 3:00 8/4/04 for [144-1] amended motion to Dismiss, set for 3:00 8/4/04 for [142-1] motion to dismiss counterclaim To be held before Judge Kimball
  • 160 - Stipulation RE Briefing For Pending Motions, SCO's Reply Memorandum in Support of its Motion to Dismiss shall be due on June 14, 2004.
  • 161 - Order RE Briefing For Pending Motions [text]
  • 162 - Motion and Order pro hac vice granting motion/Pro Hac Vice for Attorney Robert Silver for SCO
  • 163 - SCO's Memorandum Regarding Discovery [text]
  • 164 - SCO's Ex Parte Motion For Leave To File Overlength Memorandum [text]
  • 165 - SCO Certificate of service re: SCO's Response to IBM's 4th Set of Interrogatories
  • 166 - Order Granting SCO's Ex Parte Motion For Leave To File Overlength Memorandum [text]
  • 167 - SCO Reply Memorandum in Support of its Motion to Amend the Scheduling Order [text]
  • 168 - SCO Expedited Motion for Protective Order [text] Exhibits (Heise letter to Kao, June 2 and 3, 2004; Kao letter to Heise, June 3, 2004)
  • 169 - SCO Reply Memorandum in Support of its Motion to Amend the Scheduling Order [text]
  • 170 - Motion and Order pro hac vice granting motion/PHV for Attorney Robert A. Magnanini for SCO
  • 171 - Motion and Order [168-1] granting motion/PHV for Attorney Michael Macmanus for SCO
  • 172 - IBM Memorandum in Opposition to Motion for Protective Order [168-1] [text]
    • Exhibit A - Heise letter to Kao, May 26, 2004
    • Exhibit B - Kao letter to Heise, May 28, 2004
  • 173 - Motion and Order pro hac vice granting motion/Pro Hac Vice for Attorney Frederick S. Frei, John K. Harrop, Aldo Noto for SCO
  • 174 - SCO Reply Memorandum in Support of its Expedited Motion for Protective Order [168-1] [text]
  • 175 - Minute Entry Counsel for both parties and Judge Wells - telephone hearing re: expedited motion for protective order [168-1]. Court hears arguments and DENIES the motion due to lateness of the objection and inconvenience to the parties already scheduled for deposition. Counsel for defendant is to prepare an order denying [168-1] motion for protective order
  • 176 - Minute Entry Motion hearing held for [142-2] motion or, in the alternative to separate, [129-1] motion to amend [23-1] Scheduling order [142-2] motion or, in the alternative to separate -- taken under advisement [Transcript] [text]
  • 177 - Order granting in part and denying in part motion [129-1] to amend [23-1] Scheduling Order; denying [120-1] Motion to Bifurcate. Scheduling Order amended as follows: discovery due set for 4/22/05, motion filing deadline set for 5/20/05, Final Pretrial Conference set for 2:30 10/10/05, 5-Week Jury trial set for 8:30 11/1/05 See file/image for further deadlines. [text]
  • 178 - Amended Notice of Hearing Final Pretrial Conference reset for 2:30 10/11/05
  • 179 - Stipulation by SCO re briefing for pending motions
  • 180 - Certificate of service by SCO re: response to IBM's 5th Request for Production of Documents [Entry date 06/15/04]
  • 181 - Order by Judge Kimball granting [179-1] stipulation motion re: briefing for pending motions
  • 182 - Order by Judge Wells denying SCO's Expedited Motion for Protective Order
  • 183 - Stipulation RE Briefing for Pending Motions
  • 184 - Order by Judge Wells: Affidavits and declarations for use at depositions must be produced to opposing party at least 48 hrs prior
  • 185 - Order granting [183] Stipulation Motion RE Briefing for Pending Motions
  • 186 - IBM Response to [163-1] SCO's Memorandum re: Discovery
    • Exhibit A - Declaration of Joan Thomas - June 23, 2004 [text]
    • Exhibit B - SCO exhibit from February hearing
  • 187 - Certificate of service by SCO Grp re: SCO's Amended Responses to IBM's Fourth Set of Interrogatories
  • 188 - IBM SUPPLEMENTAL Memorandum in Opposition to [144-1] Amended Motion to Dismiss, [144-2] or Stay Count Ten of IBM's 2nd Amended Counterclaims [text] [links to definitions]
  • 189 - SCO's Ex Parte Motion for Leave to File Overlength Memorandum re: renewed motion to compel [190-1]
  • 190 - SCO's Renewed Motion to Compel Discovery
  • 191 - SEALED - Exhibits G, H, I and J to SCO's Memorandum in Support of Renewed Motion to Compel.
  • 192 - Order Granting Plaintiff's Ex Parte Motion for Leave to File Overlength Memorandum
  • 193 - SCO's Memorandum in Support of [190-1] Renewed Motion to Compel Discovery
    • Exhibit A - Order Regarding SCO's Motion to Compel Discovery and IBM's Motion to Compel Discovery
    • Exhibit B - Declaration of Todd Shaughnessy [text]
    • Exhibit C - Quotes from news articles re: IBM's Linux Initiative
    • Exhibit D - New York Times article, "A Mainstream Giant Goes Countercultural; I.B.M's Embrace of Linux Is a Bet That It Is the Software of the Future, New York Times, March 20, 2000 by Steve Lohr"
    • Exhibit E - Letter dated April 26, 2004 (Mr. Wladawsky-Berger)
    • Exhibit F - IBM's Second Supplemental Responses and Objections to SCO's First Set of Interrogatories
    • Exhibit G - AIX file SEALED
    • Exhibit H - Dynix file SEALED
    • Exhibit I - Deposition of David Rodgers SEALED
    • Exhibit J - IBM's CMVC Introduction Manual SEALED
    • Exhibit K - April 20, 2004 Letter from Mark Heise (SCO) to Peter Ligh (IBM)
    • Exhibit L - June 4, 2004 Letter from Mark Heise (SCO) to Peter Ligh (IBM)
    • Exhibit M - June 9, 2004 Letter from Peter Ligh (IBM) to Mark Heise (SCO)
    • Exhibit N - June 15, 2004 Letter from Mark Heise (SCO) to Peter Ligh (IBM)
    • Exhibit O - June 16, 2004 Letter from Peter Ligh (IBM) to Mark Heise (SCO)
    • Exhibit P - July 6, 2004 Letter from Mark Heise (SCO) to Peter Ligh (IBM)
    • Exhibit Q Transcript of December 5, 2003 hearing [text]
  • 194 - Certificate of service re: production of documents by SCO Grp (blk) [Entry date 07/08/04]
  • 195 - The SCO Group's Rule 56(f) Motion in Further Opposition to IBM's Motion for Partial Summary Judgment [text]
  • 196 - SCO's Ex Parte Motion for Leave to File Over-Length Memorandum [text]
  • 197 - SEALED Declaration in Support of SCO's Opposition to IBM's Cross-Motion for Partial Summary Jgm [195]. Declaration and Exhibits filed under seal. (blk)
  • 198 - SEALED Declarations in Support of SCO's Motion for Continuance Pursuant to Rule 56(f) [195]. Declarations and exhibits filed under seal. (blk) [Entry date 07/09/04]
  • 199 - Declaration of John Harrop Re: [195-1] Rule 56(f) Motion in Further Opposition to IBM's Motion for Partial Summary Judgment [195-1]
  • 200 - Certificate of service [199-1] declaration, [198-1] document(s), [197-1] document(s), [0-0] received proposed document, [196-1] ex parte motion for leave to file overlength memorandum in opposition to IBMs' Motion for Summary Judgment on its tenth counterclaim for declaratory jgm of non-infringement, [195-1] motion in further opposition to IBM's Motion for Partial Summary Jgm, [195-1] opposition memorandum by SCO
  • 201 - Order granting SCO's Ex Parte Motion [196] to File Overnlength Memorandum
  • 202 SCO Ex Parte Motion to File Overlength Memorandum
  • 203 - Declaration of Christopher Sontag in Support of Reply Memorandum Re Discovery SEALED
  • 204 Order granting [202]
  • 205 - SCO Reply Memorandum in Support of Memorandum Re Discovery
  • 206 - SCO Memorandum in Opposition to IBM's Motion for Summary Judgment on its 10th Counterclaim for Declaratory Judgment of Non-Infringement [text ;article]
    • Exhibit 1 - SCO's 1st Set of Interrogatories and Request for Production of Documents [text]
    • Exhibit 2 - SCO's Amended Complaint [text]
    • Exhibit 3 - IBM's 1st Set of Interrogatories and 1st Request for Production of Documents [text]
    • Exhibit 5 - SCO's Revised Supplemental Response to IBM's 1st and 2nd Sets of Interrogatories [text]
    • Exhibit 7 - IBM's Memorandum in Opposition to SCO's Motion to Compel Discovery [text 1] and [text 2]
    • Exhibit 8 - IBM's Reply Memorandum in Support of 2nd Motion to Compel Discovery [text]
    • Exhibit 10 - Order granting IBM's Motions to Compel Discovery [text]
    • Exhibit 11 - SCO's Notice of Compliance with Court Order [text]
    • Exhibit 12 - Declaration of Ryan E. Tibbitts (SCO) [text]
    • Exhibit 13 - SCO Revised Supplemental Response to IBM's 1st and 2nd Set of Interrogatories
    • Exhibit 14 - SCO's Second Amended Complaint against IBM [text]
    • Exhibit 15 - Order Regarding SCO's Motion to Compel Discovery and IBM's Motion to Compel Discovery, Magistrate Judge Brooke Wells [text]
    • Exhibit 16 - IBM's Second Amended Counterclaims [text]
    • Exhibit 18 - Declaration of Chris Sontag re: Order [109] [text]
    • Exhibit 19 - Brent Hatch letter of April 19, 2004 to Todd Shaughnessy [text]
    • Exhibit 20 - SCO's Memorandum in support of [142] motion to dismiss counterclaim, [142] motion or, in the alternative to separate, [142] motion or to stay counts 9,10 and 14 of the counterclaim-pla IBM's second amended counterclaims against SCO [text]
    • Exhibit 21 - IBM's Declaration of Daniel Frye Re: [152] Cross Motion for partial summary judgment on claim for declaratory judgment of non-infringement [text]
    • Exhibit 22 - SCO's Reply Memorandum in Support of its Motion to Amend the Scheduling Order [text]
    • Exhibit 23 - SCO's Memorandum Regarding Discovery [text]
    • Exhibit 25 - SCO's Renewed Motion to Compel Discovery [text]
    • Exhibit 25-1 - SCO's Memorandum in Support of [190] Motion to Compel Discovery [text]
    • Exhibit 25B - IBM's Memorandum in opposition to [190] motion to compel discovery [text]
    • Exhibit 26 - Software Agreement (AT&T and IBM) - SOFT00015 [text]
    • Exhibit 27 - Sublicensing Agreement (AT&T and IBM) - SUB-00015A [text]
    • Exhibit 28 - Letter Agreement (AT&T and IBM) of February 1, 1985 [text]
    • Exhibit 29 - Amendment X (IBM, Novell, & Santa Cruz Operation) [text]
    • Exhibit 30 - Software Agreement (AT&T and Sequent) - SOFT-000321
    • Exhibit 31 - Sublicensing Agreement (AT&T and Sequent) - SUB-000321A
    • Exhibit 32 - Asset Purchase Agreement (APA) between Novell and Santa Cruz Operation
    • Exhibit 34 - Software Agreement (AT&T and SGI) - SOFT-00039
    • Exhibit 35 - SCO's Source Log of documents that have been produced [text]
    • Exhibit 38 - The Big Guys Latch Onto Linux, Business Week, March 3, 2003
    • Exhibit 39 - Brazil, IBM Sign Deal to Develop Linux Technology, Forbes
    • Exhibit 40 - Caldera International Reports Second Quarter Results, Business Wire
    • Exhibit 43 - IBM Press Release, IBM Blueprints Open Client Services for Customers in Brazil, June 14, 2004
    • Exhibit 44 (first) - Gunning for Linux, Fortune, May 17, 2004 by Roger Parloff
    • Exhibit 44 (second) - IBM Clinches Security Certification for Linux, Forbes.com, August 5, 2003
    • Exhibit 45 - IBM Press Release, IBM Launches New Program to Help Millions of Customers Migrate From Microsoft NT to Linux, January 19, 2004
    • Exhibit 46 - IBM created 'Nifty Fifty' list of ideas on how to improve Linux
    • Exhibit 47 - IBM Revives the Mainframe, Forbes.com, January 30, 2002
    • Exhibit 48 - I.B.M. to Use Linux In Software For Internet, New York Times, January 10, 2000
    • Exhibit 49 - IBM Press Release, IBM Business Partners Help Accelerate Linux Adoption, March 16, 2004
    • Exhibit 52 - Kill Bill, Forbes.com, June 7, 2004 by Daniel Lyons
    • Exhibit 53 - Linux Hunter SCO Puts Everything on the Line, Spiegel Online, April 13, 2004 by Holger Dambeck
    • Exhibit 54 - IBM Press Release, Linux, Open Movement to Transform E-business, Zeitler Says, February 1, 2001
    • Exhibit 55 - IBM Press Release, Linux Sweeps IBM Customers From Smallest to Largest, August 4, 2003 [German]
    • Exhibit 56 - Long-Awaited Linux Kernel Update Slated For December Release, November 29, 2003
    • Exhibit 57 - The Many Flavors of Unix
    • Exhibit 58 - No Concession from IBM in Linux Fight, New York Times, June 14, 2003
    • Exhibit 59 - The Rebel Code, New York Times, February 21, 1999 by Amy Harmon
    • Exhibit 60 - SCO Builds 'Significant' War Chest for Legal Fight, ComputerWeekly.com, November 19, 2003
    • Exhibit 62 - SCO's Lawyer Speaks, Says Nothing, LinuxWorld, March 21, 2003 by Maureen O'Gara
    • Exhibit 64 - Torvalds, Linux users unfazed by SCO suits, CNET News.com, March 3, 2004 by Stephen Shankland
    • Exhibit 67 - Opinion - Baker v. IBP, Inc., No. 02-4067, 2002 US Dist Kansas, December 5, 2002
    • Exhibit 69 - Opinion - Brightway Adolescent Hosp. v. Health Plan of Nev., No. Civ. 2:98CV0729C, 200 WL 33710845 (District of Utah, September 20, 2000)
    • Exhibit 71 - Opinion - Cuenca v. Univ. of Kan., No. 98-4180, 2001 US Dist Kansas, May 14, 2001
    • Exhibit 72 - Opinion - Dynamic Microprocessor Assocs., Inc. v. EKD Computer Sales & Supplies Corp., No. 92-CV-2787 (FB), 1997WL 231496 (Eastern District of New York, April 14, 1997)
    • Exhibit 73 - Opinion - Ericsson Inc. v. Harris Corp., No. CIVA3:98CV2903D, 1999 WL 604827 (Northern District of Texas, August 11, 1999)
    • Exhibit 74 - Opinion - Gallup, Inc. v. Talentpoint, Inc., No. CIV.A. 00-5523, 2001 WL 1450592 (Eastern District of Pennsylvania, November 13, 2001)
    • Exhibit 75 - Opinion - Hite v. PQ Corp., No. 98-2088, 1998 US Dist Kansas, December 10, 1998
    • Exhibit 76 - Opinion - Holt v. Wesley Med. Ctr., LLC, No. 00-1318- JAR, 2002 WL 31778785, (District of Kansas November 25, 2002)
    • Exhibit 77 - Opinion - King Airway Co. v. Routt County, No. 97 CJ C.A.R. 563, 1997 WL 186256 (10th Circuit, April 17, 1997)
    • Exhibit 78 - Opinion - Larami Corp. v. Amron, No. Civ. A. 91-6145, 1993 WL 69851 (Eastern District of Pennsylvania, March 11, 1993)
    • Exhibit 80 - Opinion - MomsWIN, LLC v. Lutes, No. 02-2195, 2003 US Dist Kansas, July 8, 2003
    • Exhibit 85 - Opinion - Wuv's International, Inc. v. Love's Enterprises, Inc., No. 78-F-107, 1980 WL 30296 (District of Colorado, November 4, 1980)
    • Exhibit 86 - Opinion - Zeon Music v. Stars Inn Lounge, Ltd., No. 92 C 7607, 1994 WL 163636 (Northern District of Illinois, April 28, 1994)
    • Exhibit 87 - Opinion - Zhou v. Pittsburgh State Univ., No. 01-2493, 2003 US Dist Kansas, January 29, 2003
    • Exhibit S-1 - SCO's Amended Response to IBM's Fourth Set of Interrogatories SEALED
    • Exhibit S-2 - Depositon of David Rodgers SEALED [unsealed; part 1; part 2]
    • Exhibit S-3 IBM's Responses and Objections to SCO's Second Set of Interrogatories and Second Request for the Production of Documents [text]
    • Exhibit S-4 - IBM Internal Document - stating that AIX is 'derived from System V' SEALED
    • Exhibit S-5 - IBM Internal Document - 'AIX was derived from System V.' SEALED
    • Exhibit S-6 - IBM Internal Document - 'AIX is derived from software under license from SCO.' SEALED
    • Exhibit S-7 - SCO Linux Introduction v1.2 SEALED
  • 207 - Stipulation re briefing schedule
  • 208 - Order granting 207
  • 209 - Notice of Hearing, 9/15/04 at 2:00 PM for SCO's Amended Motion to Dismiss or Stay Count Ten of IBM's Second Amended Counterclaims against SCO [144]; and IBM's Cross Motion for Partial Summary Judgment asking for Declaratory Judgment of Non-Infringement. Judge Kimball.
  • 210 - IBM's Certificate of service re: IBM's Fifth Set of Interrogatories
  • 211 - Magistrate Notice of Hearing set for 10:00 9/2/04 for [190] motion to compel discovery to be held before Judge Wells
  • 212 - IBM Motion to Strike 7/12/04 Declaration of Christopher Sontag
  • 213 - IBM Memorandum in Support of [212] Motion to Strike the 7/12/04 Declaration of Christopher Sontag
  • 214 - Declaration of Joan Thomas Re: [212] Motion to Strike the 7/12/04 Declaration of Christopher Sontag
  • 215 - IBM Motion for Leave to File Overlength Opposition Memorandum to SCO's "Renewed" Motion to Compel
  • 216 - Order granting [215]
  • 217 - IBM's Memorandum in Opposition to [190] SCO's Motion to Compel Discovery
  • 218 - IBM's Certificate of service re: discovery
  • 219 - IBM's Declaration of Amy F. Sorenson Re: [217] IBM's Memorandum in Opposition to [190] SCO's Motion to Compel Discovery, with Exhibits
  • 220 - IBM's exhibits to Declaration of Amy F. Sorenson [219]
  • 221 - IBM's Errata to [213]
  • 222 - Stipulation to amend briefing for pending motions
  • 223 - Magistrate Notice of Hearing set for 10:00 9/14/04 for [212] motion to strike the 7/12/04 Declaration of Christopher Sontag, set for 10:00 9/14/04 for [190] motion to compel discovery. To be held before Judge Wells
  • 224 - Order granting [222] stipulation motion to amend briefing for pending motions signed by Judge Dale A. Kimball, 8/13/04
  • 225 - IBM's Motion for partial summary judgment on Breach of Contract Claims [text 1] [text 2]
  • 226 - IBM's Ex Parte Motion for leave to file overlength memorandum in support of motion for partial summary jgm on breach of contract claims
  • 227 - IBM's Declaration of Todd M. Shaughnessy Re: [225] motion for partial summary judgment on Breach of Contract Claims
  • 228 - IBM's Exhibits to [227] declaration of Todd M. Shaughnessy
    • Exhibit 1 - SCO's Second Amended Complaint against IBM [text]
    • Exhibit 2 - SCO's Answer to [127] IBM's Second Amended Counterclaims [text]
    • Exhibit 3 - IBM's Second Amended Counterclaims [text] [comparison chart]
    • Exhibit 4 - SCO's Memorandum In Opposition to IBM's Motion [152] for Summary Judgment on its Tenth Counterclaim for Declaratory Judgment Of Non-Infringement [text]
    • Exhibit 5 - Deposition of William M. Broderick (Rule 30(b)(6)) SEALED
    • Exhibit 6 - SCO (Brent Hatch) letter of April 19, 2004
    • Exhibit 7 - SCO Linux Introduction v1.2
    • Exhibit 8 - SCO Community Contributions
    • Exhibit 9 - SCO's 10-K/A for Fiscal Year 2000 [SEC]
    • Exhibit 10 - Software Agreement (AT&T and IBM) - SOFT00015 [text]
    • Exhibit 11 - Software Agreement (AT&T and Sequent) - SOFT-000321
    • Exhibit 12 - Sublicensing Agreement (AT&T and IBM) - SUB-00015A [text]
    • Exhibit 13 - Sublicensing Agreement (AT&T and Sequent) - SUB-000321A
    • Exhibit 14 - Letter Agreement (AT&T and IBM) of February 1, 1985 [text]
    • Exhibit 15 - Asset Purchase Agreement (APA) between Novell and Santa Cruz Operation [text 1] [text 2]
    • Exhibit 16 - Amendment X (IBM, Novell, & Santa Cruz Operation) [text]
    • Exhibit 17 - SCO Press Release, Caldera Systems to Acquire SCO Server Software and Professional Services Divisions, Providing World's Largest Linux /UNIX Channel, August 2, 2000 [A.P. Lawrence]
    • Exhibit 18 - SCO's Complaint against IBM [text]
    • Exhibit 19 - IBM's First Set of Interrogatories and First Request for the Production of Documents [text]
    • Exhibit 20 - SCO's Amended Complaint against IBM
    • Exhibit 21 - SCO's Responses to IBM's First Set of Interrogatories and First Request for the Production of Documents [text]
    • Exhibit 22 - IBM's Second Set of Interrogatories and Second Request for Production of Documents
    • Exhibit 23 - IBM's Memorandum in support of [44] Motion to Compel Discovery [text]
    • Exhibit 24 - IBM's Memorandum in support of [68] Second Motion to Compel Discovery [text]
    • Exhibit 25 - Hearing (SCO v. IBM) December 5, 2003 [transcript] [text] [text 2] [summary]
    • Exhibit 26 - Order granting IBM's Motions to Compel Discovery and Requests for Production of Documents [Groklaw]
    • Exhibit 27 - SCO's Revised Supplemental Response to IBM's First and Second Set of Interrogatories
    • Exhibit 28 - IBM (Todd Shaughnessy) letter to SCO (Brent Hatch) of January 30, 2004 [text] [side-by-side with SCO letter]
    • Exhibit 29 - SCO (Mark Heise) letter to IBM (David Marriott) of February 4, 2004 [text] [side-by-side with IBM letter]
    • Exhibit 30 - Hearing (SCO v. IBM) February 6, 2004 [transcript] [text]
    • Exhibit 31 - Order Regarding SCO's Motion to Compel Discovery and IBM's Motion to Compel Discovery [text 1] [text 2]
    • Exhibit 32 - Supplement No. 1 to IBM Software Agreement
    • Exhibit 33 - Supplement No. 2 to Sequent Software Agreement
    • Exhibit 34 - Deposition of Otis L. Wilson, June 10, 2004 [pdf 2] [text] [Objections at Depositions]
    • Exhibit 35 - Deposition of David Frasure
    • Exhibit 36 - Depositon of David Rodgers SEALED
    • Exhibit 37 - "$ echo" newsletter, April 1985 [text]
    • Exhibit 38 - "$ echo" newsletter, August 1985 [text]
    • Exhibit 39 - Software Agreement (AT&T and Santa Cruz Operation) - SOFT-000302
    • Exhibit 40 - Caldera Intellectual Property Title and Ownership (bates SCO1178124) SEALED
    • Exhibit 41 - Novell (Joseph A. LaSala, Jr.) letter of October 7, 2003 to SCO (Ryan Tibbitts)
    • Exhibit 42 - Novell (Joseph LaSala) letter of October 10, 2003 to SCO (Ryan Tibbitts) and IBM (Ronald Lauderdale)
    • Exhibit 43 - Novell (Joseph A. LaSala, Jr.) letter of February 6, 2004 to SCO (Ryan Tibbitts)
    • Exhibit 44 - Novell letter of February 11, 2004
    • Exhibit 45 - Novell (Jack Messman) letter of June 9, 2003 to SCO (Darl McBride)
    • Exhibit 46 - Novell letter of June 12, 2003
    • Exhibit 47 - SCO Press Release, Caldera, Connectiva, SuSE, Turbolinux Parenter to Create UnitedLinux, and Produce a Uniform Version of Linux for Business, May 30, 2002 [SCO PR site]
    • Exhibit 48 - UnitedLinux Press Release, UnitedLinux Releases Version 1.0, November 19, 2002 [UnitedLinux]
    • Exhibit 49 - SCO Press Release, SCO Unveils SCO Linux 4.0, Powered by UnitedLinux, November 19, 2002 [SCO PR site]
    • Exhibit 50 - UnitedLinux Press Release, UnitedLinux Signs IBM and AMD as First Technology Partners, January 14, 2003 [UnitedLinux]
    • Exhibit 51 - SCO Product Announcement for OpenLinux Server 3.1.1
    • Exhibit 52 - SCO Product Announcement for OpenLinux Workstation 3.1.1
    • Exhibit 53 - Deposition of Erik W. Hughes SEALED
    • Exhibit 54 - SCO Product Announcement for SCO Linux Server 4.0
    • Exhibit 55 - SCO's Technical Overview of SCO Linux 4.0 Powered by United Linux
    • Exhibit 56 - SCO Product Announcement for SCO Linux Server 4.0 for the Itanium Processor Family
    • Exhibit 57 - SCO's invoices (attached as Tab 121) to SCO's Revised Supplemental Resoponses to IBM's First and Second Set of Interrogatories SEALED
    • Exhibit 58 - SCO's invoices for Linux products sold after March 7, 2003 SEALED
    • Exhibit 59 - Deposition of Erik W. Hughes, excerpts from Exhibit 3(a) SEALED
    • Exhibit 60 - The GPL
  • 229 - Order granting [226] motion for leave to file overlength memorandum in support of motion for partial summary jgm on breach of contract claims signed by Judge Dale A. Kimball, 8/16/04
  • 230 - IBM's Memorandum in Support of Motion for Partial Summary Jgm on Breach of Contract Claims SEALED
  • 231 - IBM's [Redacted] Memorandum in support of [233] IBM's Motion for Partial Summary Jgm on its Counterclaim for Copyright Infringement (Eighth Counterclaim) [text]
  • 232 - IBM's [Redacted] Memorandum in support of [225] motion for partial summary judgment on Breach of Contract Claims [text]
  • 233 - IBM's Motion for partial summary judgment on its counterclaim for copyright infringement (eighth counterclaim) [text]
  • 234 - IBM's Exhibits to the Declaration of Todd M. Shaughnessy in Support of Motion for Partial Summary Jgm on Breach of Contract Claims SEALED
  • 235 - IBM's Declarations Re: [225] motion for partial summary judgment on Breach of Contract Claims. Volume 1 of 2. [text]
    • Exhibit A - IBM's Declaration of Kathleen Bennett, August 5, 2004 (2004-08-05) [Text]
    • Exhibit B - IBM's Declaration of Thomas L. Cronan, III, July 29, 2004 (2004-07-29) [Text]
    • Exhibit C - IBM's Declaration of Randall Davis, August 13, 2004 (2004-08-13) [PDF 2] [Text]
      • Exhibit I - Davis Resume, Publications, and List of Cases
      • Exhibit III - Davis Exhibit, 'Materials Examined'
    • Exhibit D - IBM's Declaration of Michael J. Defazio, October 3, 2003 (2003-10-03) [Text] (Exhibit 13 [Text])
    • Exhibit E - IBM's Declaration of David Frasure, March 28, 2004 (2004-03-28)
      • Exhibit 1 - Software Agreement (AT&T and IBM) - SOFT00015 (1985-02-01)
      • Exhibit 2 - Sublicensing Agreement (AT&T and IBM) - SUB-00015A (1985-02-01)
      • Exhibit 3 - Substitution Agreement (AT&T and IBM) - XFER-00015B
      • Exhibit 4 - Letter Agreement (AT&T and IBM) of February 1, 1985 (1985-02-01)
      • Exhibit 5 - Software Agreement (AT&T and Sequent) - SOFT-000321 (1985-04-18)
      • Exhibit 6 - Sublicensing Agreement (AT&T and Sequent) - SUB-000321A (1986-01-28)
      • Exhibit 7 - Substitution Agreement (AT&T and Sequent) - XFER-000321B
      • Exhibit 8 - "$ echo" newsletter, April 1985
      • Exhibit 9 - "$ echo" newsletter, August 1985
      • Exhibit 10 - Software Agreement (AT&T and Santa Cruz Operation) - SOFT-000302 (1987-05-06)
  • 236 - IBM's Declarations Re: [225] motion for partial summary judgment on Breach of Contract Claims. Volume 2 of 2. [text] [Article]
    • Exhibit F - IBM's Declaration of Geoffrey D. Green, June 17, 2004 (2004-06-17) [Text]
    • Exhibit G - IBM's Declaration of Ira Kristenberg, June 24, 2004 (2004-06-24) [Text]
      • Exhibit 1 - Software Agreement (AT&T and Sequent) - SOFT-000321 (1985-04-18)
      • Exhibit 2 - Sublicensing Agreement (AT&T and Sequent) - SUB-000321A (1986-01-28)
      • Exhibit 3 - Substitution Agreement (AT&T and Sequent) - XFER-000321B
      • Exhibit 4 - "$ echo" newsletter, April 1985
      • Exhibit 5 - "$ echo" newsletter, August 1985
      • Exhibit 6 - Software Agreement (AT&T and Santa Cruz Operation) - SOFT-000302 (1987-05-06)
    • Exhibit H - IBM's Declaration of Richard A. McDonough III, April 30, 2004 (2004-04-30)
      • Exhibit 1 - Software Agreement (AT&T and IBM) - SOFT00015 (1985-02-01)
      • Exhibit 2 - Sublicensing Agreement (AT&T and IBM) - SUB-00015A (1985-02-01)
      • Exhibit 3 - Substitution Agreement (AT&T and IBM) - XFER-00015B
      • Exhibit 4 - Letter Agreement (AT&T and IBM) of February 1, 1985 (1985-02-01)
    • Exhibit I - IBM's Declaration of Jeffrey W. Mobley, July 26, 2004 (2004-06-26)
      • Exhibit 1 - Software Agreement (AT&T and IBM) - SOFT00015 (1985-02-01)
      • Exhibit 2 - Sublicensing Agreement (AT&T and IBM) - SUB-00015A (1985-02-01)
      • Exhibit 3 - Substitution Agreement (AT&T and IBM) - XFER-00015B
      • Exhibit 4 - Letter Agreement (AT&T and IBM) of February 1, 1985 (1985-02-01)
    • Exhibit J - IBM's Declaration of Scott Nelson, August 4, 2004 (2004-08-04) [Text]
    • Exhibit K - IBM's Declaration of David P. Rodgers, November 5, 2003 (2003-11-05) [text]
      • Exhibit 1 - Software Agreement (AT&T and Sequent) - SOFT-000321 (1985-04-18)
      • Exhibit 2 - Sublicensing Agreement (AT&T and Sequent) - SUB-000321A (1986-01-28)
      • Exhibit 3 - Substitution Agreement (AT&T and Sequent) - XFER-000321B
    • Exhibit L - IBM's Declaration of Roger C. Swanson, July 28, 2004 (2004-07-28) [Text]
      • Exhibit 1 - Software Agreement (AT&T and Sequent) - SOFT-000321 (1985-04-18)
      • Exhibit 2 - Sublicensing Agreement (AT&T and Sequent) - SUB-000321A (1986-01-28)
      • Exhibit 3 - Substitution Agreement (AT&T and Sequent) - XFER-000321B
    • Exhibit M - IBM's Declaration of Joan Thomas, August 4, 2004 (2004-08-04) [Text]
    • Exhibit N - IBM's Declaration of Steve Vuksanovich, August 9, 2004 (2004-08-09)
      • Exhibit 1 - Software Agreement (AT&T and IBM) - SOFT00015 (1985-02-01)
      • Exhibit 2 - Sublicensing Agreement (AT&T and IBM) - SUB-00015A (1985-02-01)
      • Exhibit 3 - Substitution Agreement (AT&T and IBM) - XFER-00015B
      • Exhibit 4 - Letter Agreement (AT&T and IBM) of February 1, 1985 (1985-02-01)
      • Exhibit 5 - Software Agreement (AT&T and Sequent) - SOFT-000321 (1985-04-18)
      • Exhibit 6 - Sublicensing Agreement (AT&T and Sequent) - SUB-000321A (1986-01-28)
      • Exhibit 7 - Substitution Agreement (AT&T and Sequent) - XFER-000321B
      • Exhibit 8 - "$ echo" newsletter, April 1985
      • Exhibit 9 - "$ echo" newsletter, August 1985
      • Exhibit 10 - Software Agreement (AT&T and Santa Cruz Operation) - SOFT-000302 (1987-05-06)
    • Exhibit O - IBM's Declaration of Otis L. Wilson, April 26, 2004 (2004-04-26)
      • Exhibit 1 - Software Agreement (AT&T and IBM) - SOFT00015 (1985-02-01)
      • Exhibit 2 - Sublicensing Agreement (AT&T and IBM) - SUB-00015A (1985-02-01)
      • Exhibit 3 - Substitution Agreement (AT&T and IBM) - XFER-00015B
      • Exhibit 4 - Letter Agreement (AT&T and IBM) of February 1, 1985 (1985-02-01)
      • Exhibit 5 - Software Agreement (AT&T and Sequent) - SOFT-000321 (1985-04-18)
      • Exhibit 6 - Sublicensing Agreement (AT&T and Sequent) - SUB-000321A (1986-01-28)
      • Exhibit 7 - Substitution Agreement (AT&T and Sequent) - XFER-000321B
      • Exhibit 8 - "$ echo" newsletter, April 1985
      • Exhibit 9 - "$ echo" newsletter, August 1985
      • Exhibit 10 - Software Agreement (AT&T and Santa Cruz Operation) - SOFT-000302 (1987-05-06)

  • 237 - IBM's Declaration of Amy F. Sorenson Re: [233] motion for partial summary judgment on its counterclaim for copyright infringement (eighth counterclaim)
  • 238 - IBM's Exhibits to [237] Declaration of Amy F. Sorenson
  • 239 - IBM's Exhibits to [237] Declaration of Amy F. Sorenson SEALED
  • 240 - IBM's Declaration of Kathleen Bennett Re: [233] motion for partial summary judgment on its counterclaim for copyright infringement (eighth counterclaim)
  • 241 - IBM's Memorandum in Support of IBM's Motion for Partial Summary Judgment on its Counterclaim for Copyright Infringement (Eighth Counterclaim) [233] SEALED
  • 242 - IBM's Certificate of service of [232] support memorandum
  • 243 - IBM's Exhibits to Declaration of Amy F. Sorenson in Support of IBM's Motion for Partial Summary Jgm on its Counterclaims for Copyright Infringment (Contains exhibits 5.1-20.3) Clerk's Note: These [9] boxes are housed in the 5th floor sealed room of the courthouse SEALED
  • 244 - IBM's Addendum to [231] Redacted Memorandum in Support of IBM's Motion for Partial Summary Judgment on its Counterclaim for Copyright Infringement (Eighth Counterclaim) (A-P appear to contain tables showing IBM's Copyrighted Linux code and verbatim code from SCO's products) [text]
  • 245 - SCO's Ex parte motion by SCO Grp for leave to file a supplemental memo re: discovery (also, Declaration of Jeremy O. Evans, and Declaration of Barbara L. Howe) SEALED
  • 246 - IBM's Motion to Strike Materials Submitted by SCO in Opposition to IBM's Cross-Motion for Partial Summary Judgment [text]
  • 247 - IBM's Memorandum in Support of Motion to Strike Materials Submitted by SCO in Opposition to IBM's Cross-Motion for Partial Summary Judgment [text]
  • 248 - IBM's Ex Parte Motion for Leave to File Overlength Memorandum in Support of [246] Motion to Strike
  • 249 - IBM's Declaration of Randall Davis Re: [246] Motion to Strike Materials submitted by SCO in Opposition to IBM's Cross-Motion for Partial Summary Judgment [text 1] [text 2]
  • 250 - IBM's Reply Declaration of Todd M. Shaugnessy Re: [152] Cross-Motion for Partial Summary Judgment on claim for Declaratory Judgment of Non-Infringement
    • Exhibit 1 - Minute Order - Ericsson, Inc. v. Harris Corp., No. Civ. A. 3:98CV2903 (N.D. Tex.)
    • Exhibit 2 - The Harris Parties' Amended Motion for Reconsideration of Court's Order Denying Motion to Realign, August 23, 2001 in Ericsson, Inc. v. Harris Corp., No. Civ. A. 3:98CV2903 (N.D. Tex.)
    • Exhibit 3 - The Single UNIX Specification History & Timeline [unix.org]
    • Exhibit 4 - Levenez Chart (linked from http://www.caldera.com/scosource) [Levenez.com]
    • Exhibit 5 - SCO shows Linux code to analysts, Computerworld.com, June 10, 2003 by Robert McMillan [Computerworld.com]
    • Exhibit 6 - Transcript of SCO (SCOX) Conference Call, November 18, 2003 - "SCO Expands Scope of its Agreement with Boies, Schiller & Flexner LLP And Provides 4th Quarter Financial Guidance" (transcript by CCBN, Inc.)
    • Exhibit 7 - Deposition of Christopher Sontag, 30(b)(6) SEALED
    • Exhibit 8 - SCO (Brent Hatch) letter of June 10, 2004 to Honorable Dale A. Kimball [text]
    • Exhibit 9 - SCO's Opening Brief re: [8] Motion to Dismiss RedHat case [text]
    • Exhibit 10 - SCO (Jack Blumenfeld) letter of June 17, 2004 to Judge Robinson re: District of Utah action [text]
    • Exhibit 11 - SCO's Memorandum in Opposition to [35] RedHat's Motion for Reconsideration of [34] order - Reply Brief due 5/11/04 [text]
    • Exhibit 12 - SCO Press Release, SCO Suspends Distribution of Linux Pending Intellectual Property Clarification; Announces Greater Focus on UNIX and SCOx Strategy, May 14, 2003 [SCO PR site]
    • Exhibit 13 - SCO Press Release, SCO Registers UNIX© Copyrights and Offers UNIX License, July 21, 2003 [SCO PR site]
    • Exhibit 14 - SCO Press Release, Statement Regarding Red Hat Lawsuit and Letters to Red Hat, August 4, 2003 [SCO PR site]
    • Exhibit 15 - SCO Press Release, The SCO Group's Open Letter to the Open Source Community, September 9, 2003 [SCO PR site]
    • Exhibit 16 - SCO (Darl McBride) letter to Congress detailing issues with "Open Source Software" [OSAIA article] [OSAIA copy] [text]
    • Exhibit 17 - SCOsource Licensing Division [SCOsource web page]
    • Exhibit 18 - SCO's Chris Sontag Discusses the Details, MozillaQuest, April 28, 2003 by Mike Angelo [MozillaQuest]
    • Exhibit 19 - SCO Heats Up Linux Legal Battle with IBM, NewsFactor Network, May 2, 2003 by James Maguire [NewsFactor Network]
    • Exhibit 20 - SCO Warning Fuels Growing Linux Controversy, NewsFactor Network, May 16, 2003 by James Maguire [NewsFactor Network]
    • Exhibit 21 - CRN Interview: SCO's Darl McBride and Chris Sontag, CRN, November 18, 2003 by Barbara Darrow [CRN]
    • Exhibit 22 - Document produced by SCO (bates SCO1272238-39) SEALED
  • 251 - IBM's Exhibits re: [250] Reply Declaration of Todd M. Shaughnessy SEALED
  • 252 - IBM's Declaration of Brian W. Kernighan SEALED
  • 253 - IBM's Ex Parte Motion for Leave to File Overlength Reply Memorandum in Further Support of its Cross-Motion for Partial Summary Judgment on its claim for Declaratory Judgment of non-infringement
  • 254 - SCO's Reply Memorandum in Support of SCO's Motion to Dismiss or Stay Count Ten of IBM's Second Amended Counterclaims [text]
  • 255 - SCO's Ex Parte Motion for Leave to File Over-Length Memorandum in Reply to IBM's Supplemental Memorandum in Opposition to SCO's Motion to Dismiss or Stay Count Ten of IBM's Second Amended Counterclaims
  • 256 - IBM's [redacted 257] Reply Memorandum in Further Support of [152] IBM's Cross-Motion for Partial Summary Judgment on its Claim for Declaratory Judgment of Non-Infringement [text] [text]
    • Addendum B - Declaration of Sandeep Gupta, Exhibit showing 'RCU Code'
    • Addendum C - Declaration of Sandeep Gupta, Exhibit showing 'ULS code'
    • Addendum E - Opinion - Tuff 'N' Rumble Mgmt., Inc. v. Profile Records, Inc., No. 95 Civ. 0246, 1997 WL 158364, at *2-*3 (S.D.N.Y. April 2, 1997)
  • 257 - IBM's Reply to response to [152] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement SEALED
  • 258 - Order granting [248] IBM's Ex Parte Motion for Leave to File an Overlength Memorandum
  • 259 - Order granting [253] IBM's Ex Parte Motion for Leave to File an Overlength Reply Memorandum
  • 260 - Order granting [255] SCO's Ex Parte Motion for Leave to File an Overlength Memorandum
  • 261 - IBM's Memorandum in Opposition to [245] SCO's Ex Parte Motion for Leave to File a Supplemental Memorandum re: Discovery [text]
  • 262 - Notice of hearing (SCO v. IBM) set for 2:30 12/9/04 for [233] motion for partial summary judgment on its counterclaim for copyright infringement (eighth counterclaim), [225] motion for partial summary judgment on Breach of Contract Claims. To be held before Judge Kimball
  • 263 - SCO's Ex parte motion for leave to file overlength memorandum re: renewed motion to compel [text]
  • 264 - SCO's Reply Memorandum in Support of [190] SCO's Renewed Motion to Compel [text]
  • 265 - SCO's Memorandum in Opposition to [212] IBM's Motion to Strike the 2/12/2004 Declaration of Christopher Sontag [text] [text]
  • 266 - SCO's Declaration of Christopher Sontag re: [265] SCO's Memorandum in Opposition to [212] IBM's Motion to Strike the 7/12/2004 Declaration of Christopher Sontag [text]
    • Exhibit A - SCO Executive Profile, Chris Sontag [SCO web site]
    • Exhibit B - IBM Publication, Did You Say CMVC
  • 267 - Order granting [263] SCO's Ex Parte Motion for Leave to File Overlength Memorandum re: Renewed Motion to Compel, signed by Judge Dale A. Kimball, 8/27/04
  • 268 - Notice of hearing (SCO v. IBM) scheduled for Wednesday, September 15, 2004 @ 2:00pm for [152] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement, [144] amended motion to Dismiss. To be held before Judge Kimball
  • 269 - SCO's Reply to response to [245] ex parte motion for leave to file a supplemental memorandum re: discovery SEALED
  • 270 - Order (SCO v. IBM) granting [245] SCO's ex parte motion for leave to file a supplemental memorandum re: discovery, signed by Judge Brooke C. Wells 9/3/04 SEALED
  • 271 - IBM's Memorandum in support of [212] Motion to Strike the 7/12/2004 Declaration of Christopher Sontag SEALED
  • 272 - SCO's ex parte motion for leave to file overlength memorandum re: SCO's Opposition to IBM's Motion to Strike Materials
  • 273 - SCO's Supplemental Declaration of Christopher Sontag in Support of SCO's Oppositon to IBM's Motion to Strike [text]
  • 274 - SCO's Supplemental Declaration of Sandeep Gupta re SCO's Opposition to IBM's Motion to Strike
  • 275 - SCO's Supplemental Declaration of John Harrop in Support of SCO's Opposition to IBM's Motion to Strike [text]
  • 276 - IBM's [redacted] Reply to Response to [212] Motion to Strike the 7/12/2004 Declaration of Christopher Sontag [text]
  • 277 - SCO's Motion to extend time to file response to IBM's Motion for Partial Summary Judgment on Breach of Contract Claims and IBM's Motion for Partial Summary Judgment on it's Counterclaim for Copyright Infringement (Eighth Counterclaim)
  • 278 - SCO's Declaration of Martin Pfeffer [text]
  • 279 - SCO's Memorandum in Support of [277] Motion to Extend Time to File Response to IBM's Motion for Partial Summary Judgment on Breach of Contract Claims and IBM's Motion for Partial Summary Judgment on its Counterclaim for Copyright Infringement (Eighth Counterclaim)
    • Exhibit A - Letters regarding Discovery between SCO and IBM
      • Attachment 1 - SCO (Brent Hatch) letter of August 26, 2004 to IBM (Todd Shaughnessy)
      • Attachment 2 - IBM (Todd Shaughnessy) letter of August 27, 2004 to SCO (Brent Hatch)
      • Attachment 3 - SCO (Brent Hatch) letter of August 31, 2004 to IBM (Todd Shaughnessy)
      • Attachment 4 - SCO (Brent Hatch) letter of September 2, 2004 to IBM (Todd Shaughnessy)
      • Attachment 5 - IBM (Todd Shaughnessy) letter of September 3, 2004 to SCO (Brent Hatch and Mark James)
    • Exhibit B - IBM's Second Amended Notice of Videotaped Depositions [text]
  • 280 - SCO's Certificate of Service re: Responses to IBM's 5th Set of Interrogatories
  • 281 - SCO's Expedited Motion to Enforce the Court's Amended Scheduling Order Dated June 10, 2004
  • 282 - SCO's ex parte motion for leave to file overlength memorandum in Support of [281] SCO's Expedited Motion to Enforce Scheduling Order
  • 283 - IBM's ex parte motion for leave to file a Response to SCO's Supplemental Memorandum re: Discovery and to Continue Hearing Date
  • 284 - Order (SCO v. IBM) granting [283] IBM's ex parte motion for leave to file a Response to SCO's Supplemental Memorandum re: Discovery and to Continue Hearing Date. Hearing scheduled for 9/14/2004 is rescheduled for 10:00am 10/19/2004 for [190] SCO's Motion to Compel Discovery and [212] IBM's Motion to Strike the 7/12/2004 Declaration of Christopher Sontag, signed by Judge Brooke C. Wells, 9/10/2004
  • 285 - Amended Magistrate Notice of Hearing (SCO v. IBM) reset for 10:00am 10/19/2004 for [212] IBM's Motion to Strike the 7/12/2004 Declaration of Christopher Sontag and [190] SCO's Motion to Compel Discovery. To be held before Judge Wells
  • 286 - SCO's Memorandum in Opposition to [246] IBM's Motion to Strike Materials Submitted by SCO in Opposition to [152] IBM's Cross-Motion for Partial Summary Judgment [text]
  • 287 - SCO's Supplemental Memorandum Regarding Discovery SEALED
  • 288 - SCO's Declaration of Jeremy O. Evans in Support of SCO's Supplemental Memorandum Regarding Discovery SEALED
  • 289 - SCO's Declaration of Barbara L. Howe in Support of SCO's Supplemental Memorandum Regarding discovery SEALED
  • 290 - SCO's Memorandum in Support of SCO's Expedited Motion to Enforce the Court's Amended Scheduling Order Dated June 10, 2004 SEALED
  • 291 - SCO's [redacted] Memorandum in Support of [281] SCO's Expedited Motion to Enforce the Court's Amended Scheduling Order Dated June 10, 2004 [text]
    • Exhibit 1 - IBM (Todd Shaughnessy) letter of August 27, 2004 to SCO (Brent Hatch)
    • Exhibit 2 -
    • Exhibit 3 - IBM's Mills Sets Sights on Middleware, Linux, Computerworld, October 24, 2003 [Computerworld]
    • Exhibit 4 - IBM Internal Email from Bill Sandve to Kim Tran, January 22, 2002 - 'AIX was derived from System V.' SEALED
    • Exhibit 5 - Argus Systems Group, Inc. license agreement with IBM for AIX Source Code - 'AIX is derived from software under license from SCO.' SEALED
    • Exhibit 6 - IBM Royalty Statement, June 30, 1987 - AIX is 'derived from System V' SEALED
    • Exhibit 7 -
    • Exhibit 8 - Depositon of David Rodgers SEALED
    • Exhibit 9 - Deposition of David Frasure, December 8, 1992 [Article]
    • Exhibit 10 -
    • Exhibit 11 -
    • Exhibit 12 - Letter Agreement (AT&T and IBM) of February 1, 1985 [text]
    • Exhibit 13 -
    • Exhibit 14 -
    • Exhibit 15 - Deposition of Otis Wilson, December 10, 1992
    • Exhibit 16 - IBM's Declaration of Otis L. Wilson, April 26, 2004 [text 1] [text 2]
    • Exhibit 17 -
    • Exhibit 18 - IBM's Declaration of David Frasure, March 28, 2004
    • Exhibit 19 -
    • Exhibit 20 -
    • Exhibit 21 - IBM's Declaration of Otis L. Wilson, December 2003
    • Exhibit 22 - [text]
    • Exhibit 23 -
    • Exhibit 24 -
    • Exhibit 25 -
    • Exhibit 26 -
    • Exhibit 27 - SCO's Declaration of Martin Pfeffer [text]
    • Exhibit 28 - Asset Purchase Agreement (APA) between Novell and Santa Cruz Operation [text 1] [text 2] [merged APA with amendments]
    • Exhibit 29 - Asset Purchase Agreement Amendment 2 [text] [SEC]
    • Exhibit 30 - SCO (Brent Hatch) letter of August 26, 2004 to IBM (Todd Shaughnessy)
    • Exhibit 31 -
    • Exhibit 32 - SCO's First Request for Production of Documents and First Set of Interrogatories
    • Exhibit 33 - SCO (Brent Hatch) letter of April 19, 2004
  • 292 - SCO's Exhibits RE: [291] support memorandum, [290] sealed support memorandum re: expedited motion to enforce the court's amended scheduling order dated 6/10/04
  • 293 - SCO's SEALED Exhibits to Memorandum in Support of SCO's Expedited Motion to Enforce the Court's Amended Scheduling Order Dated 6/10/04 SEALED
  • 294 - SCO's Response to IBM's Ex Parte Motion for Leave to File a Response to SCO's Supplemental Memorandum Regarding Discovery and To Continue Hearing Date
  • 295 - IBM's Opposition to SCO's Motion for Additional Time to File Responses to IBM's Motions for Partial Summary Judgment
  • 296 - Order Granting SCO's Motion for Extension to File Response to IBM's Motion for Partial Summary Judgment on Breach of Contract Claims and IBM's Motion for Partial Summary Judgment on its Counterclaim for Copyright Infringement (Eighth Counterclaim)
  • 297 - Order Granting SCO's Ex Parte Motion for Leave to File Over-Length Memorandum
  • 298 - Order Granting SCO's Ex Parte Motion for Leave to File Over-Length Memorandum
  • 299 - SCO's Ex Parte Emergency Motion for a Scheduling Conference [text]
  • 300 - SCO's Memorandum in support of SCO's Ex Parte Emergency Motion for a Scheduling Conference [text]
  • 301 - IBM's Reply Memorandum in Support of Motion to Strike Materials Submitted by SCO in Opposition to IBM's Cross-Motion for Partial Summary Judgment [text]
    • Exhibit A - Opinion - In re M. Silverman Laces, Inc., No. 01 Civ. 6209, 2002 WL 31412465 (S.D.N.Y Oct. 24, 2002)
    • Exhibit B - Opinion - Denmon v. Runyon, Civ. A. No. 92-2144, 1993 WL 441970 (D. Kan. Oct. 25, 1993)
    • Exhibit C - Opinion - Good v. Board of County Commissioners, No. 01-4067 , 2004 WL 1859729 (D. Kan.)
  • 302 - Hearing (SCO v. IBM) September 15, 2004 [transcript] [transcript 2] [text] [text]
  • 303 - IBM's Memorandum in Opposition to [299] SCO's ex parte Emergency Motion for a Scheduling Conference, [281] Expedited Motion to Enforce the Court's Amended Scheduling Order Dated June 10, 2004 [text]
    • Exhibit A - IBM (Todd Shaughnessy) letter of September 21, 2004 to Paxton Guymon (attorney for John Terpstra) [text]
  • 304 - IBM's Memorandum in Opposition to SCO's Supplemental Memorandum re: Discovery SEALED
  • 305 - IBM's Declaration of Ron Saint Pierre SEALED
  • 306 - IBM's Declaration of David Bullis SEALED
  • 307 - SCO's Consolidated Reply Memorandum in Further Support of SCO's Expedited Motion to Enforce the Court's Amended Scheduling Order and Emergency Motion for a Scheduling Conference SEALED
  • 308 - SCO's [redacted 307] Consolidated Reply Memorandum in Further Support of SCO's Expedited Motion to Enforce the Court's Amended Scheduling Order and Emergency Motion for a Scheduling Conference [text]
  • 309 - SCO's Ex parte Motion for Leave to File Over-Length Memorandum re: Consolidated Reply Memo in Further Support [text]
  • 310 - Order (SCO v. IBM) granting [309] SCO's ex parte Motion for Leave to File Overlength Reply Memorandum [text]
  • 311 - Stipulation to Extend Time for SCO to Reply to Opposition to Suppplemental Memorandum re Discovery up to and including 10/04/04
  • 312 - Order Granting Stipulated Motion to Extend Time for SCO to Reply to Opposition to Suppplemental Memorandum re Discovery up to and including 10/04/04
  • 313 - Order Denying (299-1) Ex Parte Motion for Scheduling Conference, denying (281-1) Motion to Enforce the Court's Amended Scheduling Order Dated June 10, 2004
  • 314 - IBM Ex Parte Motion For Leave to File Overlength Memorandum: Reply Brief in Further Support of Supplemental Memorandum Re Discovery
  • 315 - Order Granting (314-1) IBM's Ex Parte Motion For Leave to File Overlength Memorandum: Reply Brief in Further Support of Supplemental Memorandum Re Discovery
  • 316 - [Sealed] SCO's Reply Brief Re Sealed Supplemental Memorandum Re Discovery (287-1) Documents, (163-1) Memo Re Discovery
  • 317 - [Sealed] Declaration of Jeremy O. Evans Re: (316-1) Brief Reply
  • 318 - Motion and Order Granting Motion PHV for Edward Normand, Esq. and Sean Eskovitz on behalf of SCO Group
  • 319 - Stipulation to Extend Time for Briefing Re: IBM's Motion for PSJ on Breach of Contract Claims and Motion for PSJ on Counterclaims for Copyright Infringement, 8th Counterclaim [text]
  • 320 - Order Granting (319-1) Stipulated Motion to Extend Time for Briefing Re IBM's Motion for PSJ on Breach of Contract Claims and Motion for PSJ on Counterclaims for Copyright Infringement, 8th Counterclaim up to and including 11/23/04 [text]
  • 321 - Ex Parte Motion by SCO For Leave to File Overlength Memorandum
  • 322 - SCO Motion to Amend Complaint (For Leave to File 3rd Amended Complaint)
  • [Sealed] 323 - SCO Memorandum in Support of Motion to Amend Complaint (For Leave to File 3rd Amended Complaint)
  • 324 - Order Granting Ex Parte Motion by SCO For Leave to File Overlength Memorandum
  • 326 - Certificate of Service RE: Deposition William Sandve by SCO
  • 327 - 10/19/04 - Minute entry: Counsel for both parties present. The Court hears arguments and rebuttal from each party as to pla's renewed motion to compel (d.e. #190). The Court orders that privilege logs be prepared and exchanged within 30 days; Dft to provide within 30 days, affidavits from management members Palmisano and Wladawsky-Berger and Board of Directors as to what exists in their files and takes the remainder of the motion under advisement. Judge: BCW
  • 328 - Order, re: SCO's renewed Motion to Compel Discovery. Both parties are to prepare and exchange privilege logs within 30 days from the entry of this order. IBM is to provide affidavits from the Board of Directors re production of all non-privileged documents pertaining to IBM's Linux strategy. The affidavits are to be filed within 30 days from the entry of this order. The court takes the remainder of SCO's motion under advisement. The court sua sponte, hereby seals the transcript to the proceedings held on 10/19/04. Copies of the transcript are to be provided to the parties in the case and the court but the transcript shall remain sealed until further order of the court. signed by Judge Brooke C. Wells , 10/20/04 cc:atty
  • 329-1 - Stipulation by Intl Bus Mach Inc to amend briefing re: motion for leave to file 3rd amended complaint [text]
  • 330 - Order Granting Stipulated Motion to Amend Briefing re: Motion for leave to File 3rd Amended Complaint as follows: IBM's Memo in Opposition to SCO's Motion due 11/23/04; SCO's Reply Due 12/21/04 [text]
  • [Sealed] 331 - Declaration of Alec S. Berman
  • [Sealed] 332 - Declaration of Irving Wladawsky-Berger
  • [Sealed] 333 - Declaration of Samuel J. Palmisano
  • [Sealed] 334 - Declaration of Andrew Bonzani
  • 335Stipulation to Amend Briefing on Pending Motions
  • 336 Order Granting (335) Stipulated Motion to Amend Briefing on Pending Motions [text]
  • [Sealed] 337 - IBM Opposition to SCO's Motion for Leave to File a 3rd Amended Complaint Pursuant to FRCP 15(a) and 16(b)
  • 338 IBM Motion for Leave to File Overlength Memorandum In Opposition to SCO Motion for Leave to File 3rd Amended Complaint
  • 339 SCO Motion for Leave to File Overlength Memo Re IBM Motion for Partial Summary Judgment on Breach of Contract Claims
  • 340 G2 Computer Intelligence, Inc.'s Motion to Intervene and to Unseal Court's File [text; article]
  • 341 G2 Computer Intelligence, Inc.'s Memorandum in Suppport of Motion to Intervene and to Unseal Court's File [text] [article]
  • 342 SCO Memorandum in Opposition to (233) IBM's Motion for PSJ on Counterclaim for Copyright Infringement (8th CC) [text]
  • 343 SCO Motion Pursuant to Rule 56(f) in Further Opposition to IBM's Motion for Partial Summary Judgment on SCO's Contract Claims [text]
  • 344 Declaration of Edward Normand filed by SCO [text]
  • [Sealed] 345 - Declaration of Todd M. Shaughnessy in support of IBM's opposition to SCO's Motion for Leave to File a Third Amended Complaint
  • [Sealed] 346 - Memorandum in Opposition to IBM's Motion for Partial Summary Judgment on SCO's Breach of Contract Claims
  • 347 Declaration of Jeremy O. Evans Re: (346) Sealed Memo In Opposition to IBM's Motion for PSJ on Breach of Contract Claims [text]
  • 348 Declaration of Jeremy O. Evans Re: (346) Sealed Memo In Opposition to IBM's Motion for PSJ on Breach of Contract Claims - [Portions Filed Under Seal] [text]
  • 349 - Exhibits Filed by SCO
  • 350 - [Sealed] Exhibits filed by SCO
  • 351 Order Granting (338) IBM Motion for Leave to File Overlength Memo in Opposition RE: SCO's Motion for Leave to File 3rd Amended Complaint
  • 352 Order Granting (339)SCO's Motion for Leave to File Overlength Memo Re: IBM's Motion for PSJ on Breach of Contract Claims
  • 353 - SCO's Errata - Corrections to its Memorandum in Opposition to IBM's Motion for Partial Summary Judgment on Its Claim of Copyright Infringement (8th Counterclaim) [ text]
  • 354-1 - Filed: 12/13/04; Entered: 12/13/04 Docket Text: Certificate of service re: subpoena duces tecum upon PointServe by Intl Bus Mach Inc
  • 356 - Order of Admission Pro Hac Vice, Stuart Singer on behalf of SCO
  • 357 - Order to Extend Time for SCO to File Reply to IBM's Opposition to SCO's Motion for Leave to File Third Amended Complaint [text]
  • 358 - Joint Stipulation to Extend Time for SCO to File Reply to G2 Computer Intelligence, Inc.'s Motion to Intervene and Motion to Unseal Court's Files [ text]
  • 360 - IBM's Ex Parte Motion for Extension of Time to File Memorandum in Response to G2 Computer Intelligence, Inc.'s Motion to Intervene and Motion to Unseal Court's File [ text]
  • 361 - Order Granting IBM's Ex Parte Motion For Extension of Time to File Memorandum in Response to G2 Computer Intelligence, Inc's Motion to Intervene and Motion to Unseal Court's File [ text]
  • 362 - G2 Computer Intelligence, Inc.'s Response to IBM's Ex Parte Motion for Extension of Time to File Memorandum in Response to G2 Computer Intelligence, Inc.'s Motion to Intervene and Motion to Unseal the Court's File [text]
  • 363 - Order granting [358-1] stipulation motion to extend time to respond to Motion to intervene and to unseal up to and including 1/7/05 signed by Judge Dale A. Kimball, 12/21/04
  • 364 - Substitution Exhibit 19 filed by SCO re 348-1, declaration of Jeremy O. Evans.
  • 365 - SealedDOCUMENT filed by SCO entitled: Pla's Memorandum in Support of Renewed Motion to Compel Discovery
  • 366 SCO Renewed Motion to Compel Discovery [text]
  • 367 - Return of service executed on 12/9/04 of subpoena upon PointeServe [Entry date 12/29/04]
  • 368 - Ex parte motion by SCO Grp for leave to file overlength reply memo re: motion for leave to file third amd complaint [Entry date 12/30/04]
  • 369 - Sealed Reply by SCO to response to [322-1] motion to amend complaint (for leave to file 3rd amended complaint [Entry date] 12/30/04
  • 370 - Ex parte order granting [368-1] ex parte motion by SCO Grp for leave to file 3rd amended complaint signed by Judge DAK 12/30/04 [Entry date] 1/03/05
  • 371 - Certificate of service by SCO Grp re: discovery (blk)
  • 372 Stipulation by Intl Bus Mach Inc amend/to extend time for briefing as follows: IBM's mem opp to SCO' renewed motion to compel disc due 2/4/05; IBM's reply mem sup re: motion for partial sum jgm on breach of contract claims due 2/25/05; and, IBM's reply memo in support of motion for partial sum jgm on counterclaim for copyright infringement 8th counterclaim due on 2/25/05 (blk)
  • 373 Order granting (372) stipulated motion to amend/extend time for briefing as follows: IBM's memorandum in opposition to SCO's renewed motion to compel discovery is due 2/4/05; IBM's reply memorandum in support of its motion for partial summary judgment on breach of contract claims is due 2/25/05; IBM's reply memorandum in support of its motion for partial summary judgment on counterclaim for copyright infringement (8th cc) is due on 2/25/05. Order signed by Judge Kimball. [Entry date 1/10/05]

For continuation of SCO v. IBM docket information and court filings, please go to the IBM Timeline page. Thank you.

SCO v. Novell
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  • SCO-Novell Asset Purchase Agreement, 1995 [text] [Article]
    • Amendment No. 1 to Asset Purchase Agreement [pdf] [text]
    • Amendment No. 2 [text]
    • Technology License Agreement [text]
    • Schedules [text]
    • Asset Purchase Agreement With Amendments 1 & 2 Merged [text]
  • 0 - SCO v. Novell complaint [text]
  • 1 - Notice of Removal to Federal Court, filed by Novell [text] [Letter RE]
  • 2 - Novell's Motion to Dismiss [Article]
  • 3 - Novell's Memorandum in Support of Motion to Dismiss [text]
  • 4 - Novell's Notice of filing Original Affidavit of Ryan L. Richards Re: Memo in Support of Novell's Motion for Change of Venue. (motion and memo filed in State Court and not on this case docket yet)
  • 5 - Certificate of election filed by SCO
  • 6 - Motion and Consent/Pro Hac Vice for Paul Goldstein
  • 7 - Motion and Consent/Pro Hac Vice for Michael A. Jacobs
  • 8 - Motion and Consent/Pro Hac Vice for Matthew I. Kreeger
  • 9 - Stipulation that SCO may have up to and including March 5, 2004 to file a memorandum in opposition to Novell's Motion to Dismiss
  • 10 - Order granting SCO up to and including March 5, 2004 to file a memorandum in opposition to Novell's Motion to Dismiss
  • 11 - SCO's Motion to Remand [text]
  • 12 - SCO's Memorandum of Law in Opposition to Novell's Motion to Dismiss [text]
  • 13 - SCO Memorandum in Opposition to [2-1] motion to dismiss (blk)
  • 14 - Stipulation by Novell and SCO to extend time for Novell to file reply memo in support of its motion to dismiss up to and including 3/19/04
  • 15 - Order by Stipulation Granting Novell until March 19, 2004 to file a reply memorandum in support of its Motion to Dismiss [text]
  • 16 - Stipulation granting Novell until March 26, 2004 to file an opposition memorandum to Plaintiff's Motion to Remand. [text]
  • 17 - Order granting [16] stipulation motion to extend time for Novell to file opposition memo re: remand motion up to and including 3/26/04
  • 18 - Novell's [Original] to response to [2]
  • 19 - Novell's [Modified] Reply to response to [2]
  • 19 - Novell's Reply Memorandum in Support of Motion to Dismiss [text 1] [annotated]
  • 20 - Novell's Memorandum in Opposition to Motion to Remand [text]
  • 21 - SCO's Reply Memorandum in Support of Motion to Remand [text]
    • 22 - Exhibit 1 - Novell Press Release - Novell Statement on SCO Contract Amendment
  • 23 - Notice of Hearing - Motion hearing set for 3:00 p.m. on 5/11/04 for [11-1] motion to remand
  • 24 - Amended Notice of Hearing - Motion hearing set for 3:00 p.m. on 5/11/04 for [11-1] motion to remand
  • 25 - Motion and Consent/Pro Hac Vice for Scott E. Gant
  • 26 - SCO v. Novell hearing transcript - SCO's Motion to Remand [text 1] [text 2]
  • 27 - Motion and Order signed by Judge Dale A. Kimball granting motion/Pro Hac Vice for Attorney Jonathan E. Mansfield for Novell
  • 28 - Motion and Order signed by Judge Dale A. Kimball granting motion/Pro Hac Vice for Attorney Maame A.F. Ewusi-Mensah for Novell
  • 29 - Memorandum Decision denying [11] motion to remand, granting in part, denying in part [2]
  • 30 - SCO's Motion and Order signed by Judge Dale A. Kimball, Granting motion/PHV for Attorney Robert Silver
  • 31 - SCO's Amended Complaint against Novell
  • 32 - Stipulation to extend time up to 8/6/04 for Novell to answer or otherwise respond to SCO's amended complaint
  • 33 - Order granting [32] stipulation motion to extend time up to 8/6/04 for Novell to answer or otherwise respond to pla's amended complaint signed by Judge Dale A. Kimball
  • 34 - SCO's Motion and Order signed by Judge Dale A. Kimball, 7/29/04 granting motion/PHV for Attorney David E. Melaugh
  • 35 - Novell's Motion to dismiss the Amended Complaint
  • 36 - Novell's Ex parte motion for leave to file overlength memorandum in support of motion to dismiss [35]
  • 37 - Novell's Declaration of Bruce Lowry Re: [35] motion to dismiss the Amended Complaint
  • 38 - Novell's Declaration of David E. Melaugh Re: [35] motion to dismiss the Amended Complaint
  • 39 - Order granting [36] Novell's ex parte motion for leave to file overlength memorandum in support of motion to dismiss [35] signed by Judge Dale A. Kimball
  • 40 - Novell's Memorandum in support of [35] motion to dismiss the Amended Complaint
  • 41 - Novell's Notice of filing original declarations
  • 42 - Stipulation for extension of time for SCO to respond to Novell's Motion to Dismiss
  • 43 - Order granting [42] stipulation to extend time for SCO to file a memorandum in opposition to Novell's Motion to Dismiss
  • 44 - Notice of Hearing (SCO v. Novell) filed re: Motion hearing set for 2:00 9/15/04 for [35] motion to dismiss the Amended Complaint and motion for summary jgm To be held before Judge Kimball [text]
  • 45 - Notice of VACATED Hearing filed: Hearing (SCO v. Novell) set for 9/15/04 at 2:00 p.m. set in error therefore is VACATED
  • 46 - Stipulation (SCO v. Novell) to extend time for SCO to file a memorandum in opposition to Novell's Motion to Dismiss up to and including 9/24/04
  • 47 - Order granting [46] stipulation (SCO v. Novell) to allow SCO until September 24, 2004 to respond to [35] Novell's Motion to Dismiss
  • 48 - Stipulation (SCO v. Novell) to extend time for SCO to file a memorandum in opposition to Novell's Motion to Dismiss up to and including 10/01/04
  • 49 - Order granting [48] stipulation (SCO v. Novell) to allow SCO until October 1, 2004 to respond to [35] Novell's Motion to Dismiss
  • 50 - Ex Parte Motion by SCO Group for Leave to File Overlength Memorandum in Opposition
  • 51 - Order granting (50-1)
  • 52 - SCO Memorandum in Opposition to (35-1) Motion to Dismiss Amended Complaint [text]
  • 53 - Stipulation to Extend Time for Novell to file reply Memorandum in Support of 2d Motion to Dismiss up to and including 11/8/04
  • 54 - Order granting [53-1] stipulation motion to extend time for Novell to file reply memorandum in support of second motion to dismiss up to and including 11/8/04
  • 55 Ex parte motion by Novell Inc for leave to file overlength - memorandum
  • 56 - Reply by Novell Inc to response to [35-1] motion to dismiss the Amended Complaint [text]
  • 57 - Declaration of Kellie Carlton Re: [35-1] motion to dismiss the Amended Complaint [text]
  • 58 - Order granting [55-1] ex parte motion for leave to file overlength memorandum
  • 59 - Notice of filing by Novell Inc re: Original Declaration of Kellie Carlton in Support of Dft Novell's Motion to Dismiss, which contained a faxed signature page.
  • 60 - Notice of Hearing: Motion hearing set for 3:00 1/20/05 for [35-1] motion to dismiss the Amended Complaint To be held before Judge Kimball [text]

For continuation of SCO v. Novell docket information and court filings, please go to the Novell Timeline page. Thank you.

SCO v. AutoZone
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  • 1 - SCO's Complaint against AutoZone [text]
  • 2 - Report on the Filing or Determination of an Action or Appeal Regarding a Copyright
  • 3 - Minutes of the Court and Order submitting to Chief Judge Philip M. Pro for reassignment [text]
  • 4 - Minutes of the Court reassigning case to the Honorable Robert C. Jones
  • 5 - Verified Petition for Permission to Practice in this Case Only by Attorney Not Admitted to the Bar of this Court
  • 6 - Designation of Resident Attorney Admitted to the Bar of the Court and Consent Thereto
  • 7 - SCO's summons on AutoZone
  • 8 - Stipulated Motion for Extension of Time for AutoZone to Answer SCO's Complaint
  • 9 - AutoZone's Motion to Transfer Venue [text]
  • 10 - AutoZone's Motion to stay or in the alternative for a more definite statemnt [text]
    • 0 - Index of exhibits
    • Exhibit A - Memorandum Order (RedHat v. SCO) denying [8] motion to Dismiss; case is stayed pending resolution of Utah litigation between SCO and IBM [text]
    • Exhibit B - IBM's Second Amended Counterclaims [text] [comparison chart]
    • Exhibit C - SCO's Complaint against IBM [text]
    • Exhibit D - SCO's Complaint against Novell [text]
    • Exhibit E - Novell's Memorandum in support of [2] motion to dismiss
    • Exhibit F - Novell's Notice of Removal [text 1] [text 2]
    • Exhibit G - SCO's Motion to remand
    • Exhibit H - SCO's Memorandum in opposition to [2] Novell's motion to dismiss
    • Exhibit I - Amended Notice of Hearing set for 3:00 5/11/04 for [11] motion to remand, set for 3:00 5/11/04 for [2] motion to dismiss to be held before Judge Kimball
    • Exhibit J - SCO's Second Amended Complaint against IBM [text] [text on copyright claim]
    • Exhibit K - Order granting IBM's Motions to Compel Discovery and Requests for Production of Documents [text]
    • Exhibit L - Order Regarding SCO's Motion to Compel Discovery and IBM's Motion to Compel Discovery [text 1 | text 2]
    • Exhibit M - Red Hat's Complaint against SCO
    • Exhibit N - SCO's Opening Brief re: [8] Motion to Dismiss Red Hat case [text]
    • Exhibit O - SCO's Amended Complaint against IBM
  • 11 - AutoZone's Verified Petition of Michael Kenny (Petitioner) as out-of-state counsel
  • 12 - AutoZone's Designation of Resident Counsel on behalf of James Pisanelli, local counsel (Michael Kenny)
  • 13 - AutoZone's Verified Petition of Christopher Riley (Petitioner) as out-of-state counsel
  • 14 - AutoZone's Designation of Resident Counsel on behalf of James Pisanelli, local counsel (Christopher Riley)
  • 15 - AutoZone's Verified Petition of James Allen Harvey (Petitioner) as out-of-state counsel
  • 16 - AutoZone's Designation of Resident Counsel on behalf of James Pisanelli, local counsel (James Allen Harvey)
  • 17 - AutoZone's Verified Petition of Douglas Bridges (Petitioner) as out-of-state counsel
  • 18 - AutoZone's Designation of Resident Counsel on behalf of James Pisanelli, local counsel (Douglas Bridges)
  • 19 - AutoZone's Verified Petition of David Stewart (Petitioner) as out-of-state counsel
  • 20 - AutoZone's Designation of Resident Counsel on behalf of James Pisanelli, local counsel (David Stewart)
  • 21 - Notice of hearing (SCO v. AutoZone) scheduled for Monday, June 21, 2004 @ 9:00am
  • 22 - Amended Calendar Setting - Oral Argument on Defendant AutoZone, Inc.'s Motion to Stay or, in the alternative, For A More Definitive Statement (#10) and Defendant AutoZone, Inc.'s Motion to Transfer Venue (#9)
  • 23 - Stipulation for Extention of Time to File Motion (SCO v. AutoZone)
  • 24 - SCO's Memorandum in Opposition to AutoZone's Motions to Transfer to the Western District of Tennessee, and Stay, or, in the alternative, for a more definite statement
  • 25 - AutoZone's Reply Memorandum in Support of its Motion to Stay or, in the Alternative, For a More Definite Statement [text]
  • 26 - AutoZone's Reply Memorandum In Support of its Motion to Transfer Venue
  • 27 - Oral Argument on AutoZone's Motion to Stay etc (#10) & Motion to Transfer Venue (#9) resked to 7/12/04 @9am bfr RCJ.
  • 28 - Order to continue hearing to July 12, 2004 at 9am in courtroom 7D
  • 29 - Hearing (SCO v. AutoZone) July 12, 2004 [text 1] [text 2]
  • 30 - SCO's Verified Petition of David S. Stone (Petitioner) as out-of-state counsel
  • 31 - SCO's Designation of Resident Counsel on behalf of Glenn M. Machado, local counsel (David S. Stone)
  • 32 - Transcript of proceedings (SCO v. AutoZone) 7/12/04
  • 33 - SCO's Verified Petition of Robert A. Magnanini (Petnr) as out of state counsel
  • 34 - SCO's Designation of Resident Counsel obo Glenn M. Machado, local cnsl (Robert A. Magnanini)
  • 35 - Order (SCO v. AutoZone): Motion for stay (#10) is GRANTED. ptys shal submit a ltr every 90 dys. mtn for transfer (#9) is DENIED w/o prejudice [text]
  • 36 - Stipulation (SCO v. AutoZone) for Extension of time for SCO to file Statement
  • 37 - AutoZone's Emergency Motion to Stay
    • Exhibit A - Hearing (SCO v. AutoZone) July 12, 2004 [text 1] [text 2]
    • Exhibit B - Order (SCO v. AutoZone): Motion for stay (#10) is GRANTED. ptys shal submit a ltr every 90 dys. mtn for transfer (#9) is DENIED w/o prejudice [text]
    • Exhibit C - SCO's Statement of Basis for Claim for Preliminary Injunctive Relief and Nature of Relief (SCO v. AutoZone) [text]
  • 38 - Calendar setting re: AutoZone's Emergency Motion to Stay [37] set for September 9, 2004 at 10:00am before Judge Robert C. Jones
  • 39 - SCO's Memorandum in Opposition to [37] AutoZone's Motion to Stay
  • 40 [article] - Certification of Glenn Machado [p. 1]; Transcript of Oral Argument on AZ's Motion for a Stay or in the Alternative for a more definite statement and AZ Motion to Transfer Venue, [p. 6]July 12, 2004; SCO's Memorandum in Opposition to AZ's Motions [p.37]; SCO's Memorandum of Points and Authorities [p. 39]; Letter to Judge Robert C. Jones from Boies Schiller's David S. Stone, July 30, 2004 [p. 59]; Order granting AZ motion in part, denying in part, allowing expedited limited discovery [p. 62]; AZ Letter from Alston Bird's David Stewart to David Stone of Boies Schiller dated September 1, 2004 noticing SCO of depositions, mentioning Jim Greer; AZ's First Set of Interrogatories to SCO, [p. 68] [text]; AZ's First Requests for Documents [p. 73] [text; Notice of 30(b)(6) Deposition of Plaintiff The SCO Group, Inc.[p. 80] [text]; Receipt of copy of Statement of Basis for Claim Acknowledgment by AZ[p.85]; SCO's Statement of Basis of Claim for Preliminary Injunctive Relief and Nature of Relief, [p. 86].
  • 41 Hearing (SCO v. AutoZone) September 9, 2004 [transcript]
  • 42 Hearing September 9, 2004 transcript cover page
  • 43 Order Denying [37] AutoZone's Motion to Stay
  • 44 - Stipulation and Protective Order Regarding Confidentiality [text]
  • 45 - Order Granting Stipulation to extend party and nonparty discovery 30 days from date of Order (11/04/04; So Ordered 11/12/04)

SCO v. Daimler-Chrysler
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  • SCO's Complaint against Daimler-Chrysler [text]
  • Complete complaint, with exhibits [pdf]
  • DaimlerChrysler's Motion for Summary Disposition (p.9 of PDF), Memorandum in Support (p.11), Exhibits and Affidavits [pdf]
    DaimlerChrysler's Motion for Summary Disposition [text], filed April 15, 2004
    [text] Motion, Memorandum, Affidavits
  • DaimlerChrysler's Answers and Affirmative Defenses [pdf] [text], filed April 15, 2004 and comparison chart of SCO's Complaint and DaimlerChrysler's Answers [text]
  • DC Motion to Strike Certain Paragraphs of the Affidavit of William Broderick DC Motion to Strike Certain Paragraphs of the Affidavit of William Broderick [PDF] [text]
  • DC Memorandum in Support of Motion to Strike [PDF] [text]
  • Order Aug. 9, 2004 [PDF] [text]
  • Hearing Transcript [PDF]
  • Order, Aug. 11, 2004 with transcript (Aug. 9 is the final version, but this one also appears on the docket [PDF
  • SCO Motion for Stay [PDF] [text]
  • DC Opposition to SCO Motion for Stay [PDF] [text]
  • SCO Reply Memorandum in Support of Motion for Stay [text]
  • Judge denies SCO's Motion for Stay [text]
  • Stipulated Order of Dismissal with Prejudice [text]
  • SCO files appeal [text
  • Court dismisses SCO's appeal [PDF] [text]
  • Order amended as to date [PDF]
  • Case closed 3/2/05 [docket sheet]

Red Hat v SCO
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  • US District Court, DE [website] [Pacer (paid only)]

  • 1 - RedHat's Complaint against SCO
    • SCO letter in response to lawsuit [text]
  • 2 - RedHat's return of service executed as to SCO Group Inc.
  • 3 - Case assigned to Judge Sue L. Robinson.
  • 4 - RedHat's Motion with Proposed Order for William Lee, Mark Matuschak, David Cerveny, Jennifer Ann Gaeta, Michelle Miller, and Donald Steinberg to Appear Pro Hac Vice
  • 5 - Stipulation to extend time for SCO to respond to RedHat's complaint; Order granting [4] Motion for William Lee, Mark Matuschak, David Cerveny, Jennifer Ann Gaeta, Michelle Miller, and Donald Steinberg to Appear Pro Hac Vice; Order granting [5] stipulation reset Answer deadline to 9/15/03 for SCO Group Inc.
  • 6 - Red Hat's Certificate of Service re: (1) First Request for the Production of Documents and things; and (2) First Set of Interrogatories
  • 7 - SCO's Disclosure Statement pursuant to Rule 7.1
  • 8 - SCO's Motion to Dismiss.
  • 9 - SCO's Opening Brief re: [8] Motion to Dismiss RedHat case [text]
  • 10 - SCO's Declaration of Mark J. Heise in support of [8] Motion to Dismiss
  • 11 - SCO's Request for Judicial Notice in Support of their motion to dismiss, [8]
  • 12 - SCO's Letter to Clerk from S. Fineman enclosing original signature page for Declaration of M. Heise filed on 9/15/03 for substitution
  • 13 - Red Hat's Answer Brief re: [8] SCO's Motion to Dismiss [text]
  • 14 - Red Hat's Letter to Clerk from A. Poff re [13] problems with formatting and minor typographical errors; enclosing a corrected version of the brief
  • 15 - SCO's Motion to Stay Discovery Pending Resolution of Motion to Dismiss [text]
  • 16 - Stipulation and order to extend time for SCO to file reply brief in support of Motion to Dismiss
  • 17 - SCO's Motion For Enlargment of Time to Respond to Red Hat's First Set of Interrogatories and First Request for Production of Documents and Things
  • 18 - SCO's Reply Brief re: [8] Motion to Dismiss [text]
  • 19 - SCO's Declaration of Mark J. Heise in support of the SCO Group, Inc.'s Motion to Dismiss
  • 20 - Notice of Deficiency from the court to SCO re [19]
  • 21 - Red Hat's Answer Brief re: [15] SCO's Motion to Stay Discovery Pending Resolution of Motion to Dismiss
  • 22 - Letter to Judge Robinson from J. Moyer stating briefing is complete on SCO's motion to dismiss
  • 23 - SCO's Letter to Clerk from J. Moyer enclosing original signed declaration of Mark J. Heise to replace faxed copy filed 10/10/03
  • 24 - SCO Terminated attorney Raymond J. DiCamillo, J. Moyer and Richards, Layton & Finger; Notice of attorney appearance for SCO by Jack B. Blumenfeld
  • 25 - Red Hat's Answer Brief re: [17] Motion For Enlargment of Time to Respond to Pltf's First Set of Interrogatories and First Request for Production of Documents and Things
  • 26 - Stipulation and order for extension of time; Reply Brief Deadline to 10/24/03 re: [15] motion to Stay Discovery Pending Resolution of Motion to Dismiss
  • 27 - Reply Brief Filed by SCO Group Inc. [17] motion For Enlargment of Time to Respond to Pltf's First Set of Interrogatories and First Request for Production of Documents and Things, [15] motion to Stay Discovery Pending Resolution of Motion to Dismiss (rd) [text]
  • 28 - SCO's Motion and order for Stephen N. Zack and Mark J. Heise to Appear Pro Hac Vice
  • 29 - Order effective immediately the court will not consider applications and requests submitted by letter or in a form other than a motion, absent express approval by the court; no telephone calls are to be made to chambers; emergency matters should be emailed to the court at the address provided with no attachments
  • 30 - Red Hat's Motion with Proposed Order To Supplement the Record [text]
    • Exhibit A - SCO letter of December 19, 2003 to Lehman Brothers Holdings, Inc. [text]
    • Exhibit B - SCO letter to Lehman Brothers' Chairman and Chief Executive Officer, Richard Fuld [text]
    • Exhibit C - SCO letter to Lehman Brothers' Chief of Operations and Technology, Jonathan Beyman [text]
    • Exhibit D - Lehman Brothers' response to SCO [text]
  • 31 - SCO's Memorandum re: [30] motion To Supplement the Record [text]
  • 32 - Red Hat's Reply Brief In Support of [30] Motion To Supplement the Record [text]
  • 33 - RedHat's Notice of Withdrawal of appearance of David J. Cerveny of Hale and Dorr LLP
  • 34 - Memorandum Order denying [8] motion to Dismiss [text]
    Ordered:
    1. "The motion to dismiss filed by defendant The SCO Group, Inc. ("SCO") (D.I. 8) is denied."
    2. "Despite the above ruling, the court has concluded that the instant action should be stayed pending a resolution of the Utah litigation between SCO and IBM."
  • 35 - Red Hat's Motion with Proposed Order for Reconsideration of [34] order [text]
  • 36 - Red Hat's Opening Brief re: [35] motion for Reconsideration of [34] order [text]
  • 37 - RedHat's Declaration of Josy W. Ingersoll, Esq. in Support of [35]
  • 38 - RedHat (Josy Ingersoll) letter to Judge Robinson re [37]; writing to clarify that the documents which were the subject of declaration filed on 4/20/04 [37], did not include attachments, except for Exhibit J
  • 39 - SCO's Memorandum in Opposition to [35] RedHat's Motion for Reconsideration of [34] order [text]
  • 40 - Red Hat's Notice of Name Change; Hale and Dorr LLP merged with Wilmer Cutler Pickering LLP; the new firm name is Wilmer Cutler Pickering Hale and Dorr LLP
  • 41 - SCO (Jack Blumenfeld) letter of June 17, 2004 to Judge Robinson re: District of Utah action [text]
  • 42 - SCO (Jack Blumenfeld) Letter to Judge Robinson re: status of the SCO v. IBM case
  • 43 - Red Hat (Josy Ingersoll) letter to Judge Robinson re: status of various related litigation matters [text]
  • 44 - SCO (Leslie Polizoti) letter of October 4, 2004 to Judge Robinson (Red Hat v. SCO) re: status of the SCO v. IBM case (2004-10-04) [text]
  • 45 - Red Hat (Josy Ingersoll) letter to judge, Oct. 4, 2004 [text]

BSDi Documents
back to top ]

SCO Linux License
back to top ]

Tarent v. SCO-GERMANY
back to top ]

Complaints filed with Australian Competition and Consumer Commission (ACCC)
back to top ]

Gordon, et al. v. Microsoft
back to top ]

  • Gordon, et al. v. Microsoft [pdf] [text]
    (Minnesota antitrust action against Microsoft)

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