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SCO Gets Landmark IBM Trial Pushed Back

SCO Gets Landmark IBM Trial Pushed Back

SCO has gotten the trial of its zillion-dollar suit against IBM pushed back two months to November 1 of next year like it wanted because IBM was dragging its feet producing the mountain of discovery documents SCO wanted and had asserted 14 counterclaims after the original schedule was set.

The Utah federal court that's supposed to hear the case made the ruling last Friday, hours after it agreed to hear SCO's potentially seminal suit against Novell. The Novell suit, which Novell hoped to get thrown out on its ear, could decide who owns what Unix copyrights and basically determine how the landmark IBM suit goes.

At the same time, SCO lost its bid to separate IBM's three tit-for-tat copyright infringement counterclaims from the IBM suit. SCO had complained that they were unrelated to the primary claims and would double the time needed for discovery.

The judge said the court dates are now engraved in stone and would not be changed barring "extremely compelling circumstances."

The new calendar, which anticipates a five-week jury trial, gives SCO and IBM until February 11 for fact discovery and until April 22 for expert discovery.

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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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