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Novell Makes Aboutface in SCO Case

has done a 180 degree turn and is asking the Utah district court to combine the SCO v Novell and SCO v IBM cases

IBM Journal

Back when the SCO litigation was under Utah district court judge Dale Kimball, whose decision that Novell owns Unix was overturned by the 10th Circuit Court of Appeals, Novell thought it was simply ducky that SCO's case against Novell should go ahead of SCO's case against IBM, which is how we wound up with the summary judgment that got trashed.

If memory serves, it was Novell's idea that it go first and block and tackle for IBM.

And when the thought of combining the Novell and IBM cases came up in bankruptcy court, Novell and IBM were utterly appalled at the thought.

Now Novell has done a 180 degree turn and is asking the Utah district court to combine the SCO v Novell and SCO v IBM cases and if nothing else put them under the same judge.

When the Novell case was sent back to Utah for jury trial, Judge Kimball, as is his wont when overturned - and he has a history of it - washed his hands of the whole thing; so the Novell case went to one judge and the IBM case went to another.

Novell, which has wasted its share of the court's time, now argues that it would be more efficient to hear both cases together so only one judge has to be educated.

And, as predicted it would, it's asked the bankruptcy court to lift the stay on the Swiss arbitration of whatever it was SCO supposedly deeded to UnitedLinux.

Novell has yet to try to resuscitate that appeal to the Supreme Court that the 10th Circuit denied.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

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softdrat 11/13/09 09:59:00 PM EST

"If memory serves, it was Novell's idea that it go first and block and tackle for IBM."

Not exactly. In fact, Novell wasn't even in the room.

-------------------

Oct 24, 2006 hearing, SCO v. IBM [IBM-884].

Kimball: NOVELL ISN'T HERE, but you both know there's another case. Is there an argument that that case ought to be tried first, at least from you two folks? I'm not asking Novell that. They are not here -- or IT IS NOT HERE. Do you have a reaction to that question?

Singer: My immediate reaction would be that the IBM case should come first ...

Marriott: There is, I think, an excellent argument that the trial of that matter should come first ...

------------------

So it was IBM, not Novell, who argued that Novell should go first.

"And when the thought of combining the Novell and IBM cases came up in bankruptcy court, Novell and IBM were utterly appalled at the thought."

Any references? As far as we know, the issue never came up. By chance, Kimball was assigned both cases.

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