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Groklaw: IBM Asks the Court to Throw Out SCO's Entire Case on Summary Judgment

Sep 26, 2006, 20:15 (4 Talkback[s])
(Other stories by Pamela Jones)

"Both sides in SCO v. IBM have filed motions for summary judgment. To be precise, SCO has filed one for partial summary judgment (which I'll have up in a minute or two) and IBM has filed several motions for summary judgment, one for each of SCO's claims and two more for good measure on two of IBM's counterclaims. In other words, it is asking the court to throw out SCO's entire case, and to grant it judgment on two counterclaims without even going to trial on those two.

"We find out because SCO has filed a notice of conventional filing of exhibits to its partial summary judgment motion. It's too long to file electronically, so we'll have to wait to read them, but most of them we have already. And it's obvious from the list of exhibits what it's about, namely what they likely feel is their strongest claim, if not their only hope, their third cause of action for breach of contract relating to Sequent..."

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