SCO Group v. Novell
Published: May 14, 2011 | Result Date: Jun. 14, 2010 | Filing Date: Jan. 1, 1900 |Case number: 2:2004-cv-00139 Verdict – Defense
Court
USDC Utah
Attorneys
Plaintiff
Sean Eskovitz
(Wilkinson, Walsh & Eskovitz LLP)
Defendant
Eric M. Acker
(Morrison & Foerster LLP)
Michael A. Jacobs
(JAMS)
Facts
In 1993, Novell acquired rights to the original source code for Unix, an operating system, after purchasing Unix System Laboratories. Subsequently, beginning in 1995, Novell entered into asset-transfer agreements with the Santa Cruz Operation, predecessor of The SCO Group (SCO), regarding property rights for Unix, including the right to develop and market new versions and certain licensing rights.
Contentions
PLAINTIFF'S CONTENTIONS:
SCO filed suit against Novell, claiming ownership of the source code for Unix and alleging slander of title.
DEFENDANT'S CONTENTIONS:
Novell filed a counterclaim, contending that the subject agreements did not transfer the intellectual property rights alleged. Novell also contended that SCO breached the agreements by signing Unix license agreements with other companies without paying Novell a percentage.
Result
The jury found in Novell's favor following the trial. Novell also prevailed on several of its counterclaims decided by the Court.
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