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Groklaw: Kimball Rules on 6 Motions

Feb 09, 2005, 23:50 (3 Talkback[s])


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"Here at last is Kimball's ruling on the parties motions involving the contract claims and the kitchen sink motion SCO threw on top. SCO's Motion to Dismiss or Stay Count 10 of IBM's 2nd Amended Counterclaims is denied. Period. Their 56(f) Motion is moot. But IBM did better. Here's the list of motions that were denied without prejudice, meaning they can renew or refile when discovery is complete, which I am sure they will:

  • "Motion for Partial Summary Judgment on Claim for Declaratory Judgment of Non-Infringement
  • "Motion for Partial Summary Judgment on SCO's Breach of Contract Claims
  • "Motion for Partial Summary Judgment on its Eighth Counterclaim for Copyright Infringement..."

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