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Intellectual Property Law

: Groklaw

More IBM Subpoenas in the SCO Bankruptcy

By Pamela Jones et al.

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IBM has subpoenaed the following: Space and Naval Warfare Systems Center Norfolk, Chad Kemp, Rene Beltran, and DTR Business Systems. This should be rich. The documents it would like the Space and Naval Warfare Systems Center Norfolk to provide are:
1. All documents concerning the expected testimony of Chad Kemp in connection with debtors' bankruptcy proceedings.

2. All documents concerning debtors and/or their products.

3. All documents concerning communications between SPAWAR (or anyone representing or affiliated with SPAWAR) and debtors, unXis, Stephen Norris or Stephen Norris Capital Partners (or anyone representing or affiliated with them).

Chad Kemp and Rene Beltran were already deposed on July 13 and 15, respectively. Beltran, if you recall, signed as Executive Vice President of DTR, the letter to the Alan Raymond, VP at SCO, all about how vital SCO's products are to them. SCO then filed the letter with the bankruptcy court. Kemp is evidently the designated person to speak for SPAWAR. If you look at page 5 of this PDF, you'll find a Chad Kemp listed as speaking on ISEA/Tech Support at a "Navy Breakout". Here's some information on what ISEA stands for. If you recall, in that same bunch of letters about OpenServer's importance to the US Army, the letter's signee, David L. Dickerson, CISSP, a CACI contractor, said that "The OpenServer 5 UNIX operating system is used not only by the Army but also by all other US military services as well as many of the US Civil Agencies." Perhaps IBM would like to find out if that is true.

Full post as published by Groklaw on July 16, 2009 (boomark / email).

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