IBM seeks dismissal in second part of SCO case
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In documents filed Friday with the U.S. District Court for the District of Utah, IBM sought the dismissal of a major component of the lawsuit filed against it last year by The SCO Group.
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The Linux adversary again demands evidence from Big Blue and cites allegedly contradictory testimony.
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The federal judge hearing the SCO Group's suit against IBM (NYSE: IBM) has denied IBM's motion for a partial summary judgment. If granted, the declaration likely would have ended the courtroom wrangle.
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Legal wrangling over competing hard drive technologies continues.
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The U.S. International Trade Commission (USITC) has launched four investigations involving the import of computers or electronic device components, including one based on a complaint that several companies are violating patents on DRAM chips.The USITC also voted to launch an investigation, based on a complaint by IBM, into the import of motherboards, graphics cards, notebook computers, server computers, bare-bones computers, and routers by Asustek Computer of Taiwan and Asus Computer International of Fremont, Calif.In the DRAM case, Tessera of San Jose, Calif., filed a complaint on Dec. 7 alleging that 18 companies violated its patents for semiconductor chips with a minimized chip package size. Acer and Kingston Technology are among the companies named in Tessera&#39;s complaint.The commission on Friday also announced it has initiated so-called 337 investigations into the import of silicon microphone packages used in mobile phones and semiconductor lasers used in disc drives.In the Tessera complaint, the company accused competitors of violating four semiconductor patents. The company has filed a lawsuit in the U.S. District Court for the Eastern District of Texas, as well as the USITC complaint. The U.S. Patent and Trademark Office has granted reexamination requests on two of those patents.Representatives of Acer and Kingston didn&#39;t immediately respond to a request for comments on the USITC investigation.IBM filed a complaint on Dec. 5, asking the USITC to bar Asustek and North American subsidiary Asus Computer International from importing equipment using PC power supplies, cooling fans, and clustering technologies into the United States. IBM accused Asustek of infringing three patents related to those technologies.IBM attempted to reach a licensing agreement with Asustek after a licensing deal expired in December 2004, an IBM spokesman said in December. An Asus spokeswoman didn&#39;t immediately respond to a request for comments.The semiconductor laser complaint covers lasers used in high-definition disc drives. The investigation is based on a complaint filed by Seoul Semiconductor of Korea on Dec. 4, alleging that Nichhia of Japan has violated its patent.In the silicon microphone case, the patented technology covers microphones in several devices, including mobile phones. The complaint, filed by Knowles Electronics of Itasca, Ill., on Dec. 6, alleges that Mems Technology Berhad of Malaysia has violated its patents.The cases will be referred to an administrative law judge, who will schedule and hold an evidentiary hearing. The judge will make an initial determination as to whether there is a violation of Section 337 of the U.S. Tariff Act of 1930. That initial determination is subject to review by the USITC.Within 45 days, the commission will set a target date for completing the investigations.
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Legal action was taken against IBM concerning its conversion to a controversial cash-balance pension plan. Under the terms of the agreement, IBM will pay at least $300 million to settle certain claims in the complex lawsuit.
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The European Union's second highest court dismisses the software giant's appeal against an anti-trust order
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IBM on Wednesday said it will take a third-quarter charge of $320 million to settle all but two claims of an ongoing lawsuit claiming its pension plan discriminated
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International Business Machines  Corp. has requested documents from Intel Corp., the world's  largest chip maker, as it prepares its defense in a  billion-dollar dispute with SCO Group Inc. over the Linux  operating system.
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WHITE PLAINS, N.Y. - A man who was fired by IBM for visiting an adult  chat room at work is suing the company for $5 million, claiming he is an  Internet addict who deserves treatment and sympathy rather than dismissal.
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Sacked for chat room indiscretion A former IBM employee sacked for visiting an internet chat room "for a sexual experience during work" has sued the company for $5m, AP reports.â¦
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In its quarterly 10-Q filing with the US Securities and Exchange Commission on Tuesday, UNIX provider SCO Group expressed its fears that, if it were faced with a judgment ordering it to pay Novell for several years of using UNIX trademarks recently found to have been owned by Novell all this time, it may not be able to continue business.
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A lost legal struggle with Linux distributor Novell, an apparently truncated fight with IBM, a bankruptcy filing in September...and now, a NASDAQ delisting. Is there any hope at all left for floundering PC Unix vendor SCO?
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The current motion is in addition to the request for a summary judgment IBM has been seeking since early July. If the initial request is granted, it could bring the case to a close without trial. Although summary judgment arguments ...
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With its cash reserves dwindling and losses continuing to mount, The SCO Group Inc. is taking measures to cut its expenses and ensure it will have enough cash to process its lawsuit with IBM Corp, the company announced during its quarterly earnings conference call Tuesday. SCO reported a loss of $7.4 million on revenue of $11.2 million for the third quarter - a loss that was affected by the $7.2 million in legal expenses the company incurred during the quarter, which ended July 31.
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(InfoWorld) - Following its bankruptcy filing, The SCO Group may be booted off of the Nasdaq stock exchange as early as next week, the Unix vendor said Wednesday. The stock exchange informed SCO on Tuesday that "the Company's securities will be delisted from Nasdaq on September 27, 2007, pending an appeal," SCO said in a statement . This comes as a result ofÂ SCO's recent filing for Chapter 11 bankruptcy protection,Â the companyÂ said. SCO has asked for a hearing to appeal the decision, so it may be able to stave off delisting if it can present the Nasdaq's Listing Qualifications Panel -- a group of independent industry experts -- with a viable business plan, said Wayne Lee, a Nasdaq spokesman. The delisting notice is the latest in a series of bad news for the company, stemming from its August 10 legal defeat to Novell. In a series of rulings,Â a federal judge found that Novell and not SCO owned copyright to the Unix operating system. In addition to putting SCO in a position where it may have to pay millions of dollars in compensation to Novell, the ruling also underminedÂ SCO's legal battle with IBM, which relates to IBM's support of the Linux operating system. "As a result of both the Court's August 10, 2007, ruling and the Company's entry into Chapter 11, there is substantial doubt about the Company's ability to continue as a growing concern," SCO said in its most recent U.S. Securities and Exchange Commission filing. SCO's stock (SCOX) has been pounded since August 10, when it opened at $1.49. On Wednesday it closed at $0.20.
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By JIM FITZGERALD  WHITE PLAINS, N.Y. - A man who was fired by IBM for visiting an adult chat room at work is suing the company for $5 million, claiming he is an Internet addict who deserves treatment and sympathy rather than dismissal.