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Groklaw: Novell Files Motion for Partial Summary Judgment

Dec 04, 2006, 19:00 (0 Talkback[s])

"This just isn't SCO's week. Here it is, leaning against the ropes in SCO v. IBM, and here comes Novell. It has filed a motion for partial summary judgement, asking the court to rule that the APA gives Novell the right to waive the contract claims SCO has against IBM and Sequent:

"Novell asks the Court to declare that Novell has the authority pursuant to Section 4.16(b) of the 1995 Asset Purchase Agreement to take the following actions: (1) to direct The SCO Group, Inc. to waive its purported claims against IBM under the SVRX license agreements between IBM Corporation and AT&T and between Sequent Computer Systems, Inc. and AT&T..."

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