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SCO Files Motion to Dismiss Unresolved Claims with Prejudice (SCO v. Novell)

By Pamela Jones et al.

Finally, it's here:

561 - Filed & Entered: 10/20/2008
Notice of Voluntary Dismissal
Docket Text: NOTICE of Voluntary Dismissal of Its Unresolved Stayed Claims With Prejudice filed by Counter Defendant SCO Group (Attachments: # (1) Text of Proposed Order) (Normand, Edward)

562 - Filed & Entered: 10/20/2008
Reply Memorandum/Reply to Response to Motion
Docket Text: REPLY to Response to Motion re [554] MOTION for Entry of Judgment and in support of [561] NOTICE of Voluntary Dismissal of Its Unresolved Stayed Claims With Prejudice filed by Counter Defendant SCO Group. (Attachments: # (1) Text of Proposed Order Proposed Final Judgment)(Normand, Edward)

Woah. Is SCO throwing in the towel? Here's the opening paragraph from its Reply:

In order to expedite the resolution of this case and foreclose further disputes about finality, SCO will voluntarily dismiss with prejudice those portions of its severed and stayed claims that remain pending. While SCO believes that the position set forth in its initial motion is legally correct -- that its voluntary dismissal of pending claims with the right to pursue them upon remand perfects finality under controlling law -- it is more important for SCO to avoid extended litigation on this issue.

So, out go the claims about copyright infringement (with respect to Novell), breach of the APA and TLA and unfair competition re any copyrights SCO got post-1995.

All SCO's chips are now placed on the appeal. And so SCO's claims just got smaller, once again.

Full post as published by Groklaw on October 20, 2008 (boomark / email).