Font Resize- The SCO Group
- Oct 23:
- Trustee says SCO Group should pursue IBM, Novell lawsuits
- Oct 21:
- Decision could clear way for SCO-Novell trial
- Oct 19:
- McBride ousted as SCO Group CEO
- Aug 24:
- Court overturns key computer software decision
- Aug 5:
- SCO Group can't liquidate assets; Trustee appointed
- Jun 15:
- SCO Group strikes deal just before bankruptcy hearing
The 10th U.S. Circuit Court of Appeals on Wednesday turned down a request by computer software seller Novell Inc. to issue a stay of a ruling that sent a lawsuit by The SCO Group of Lindon back to Utah for trial.
Novell earlier this week requested the stay so it could ask the Supreme Court to hear an appeal of an earlier 10th Circuit ruling. Wednesday, however, two judges who had heard the case denied the request.
Novell could still appeal to the Supreme Court, but the chance of the case being heard are minimal. One study found that in the 2005-06 term, the high court agreed to hear less than 1 percent of the 8,517 cases presented it.
Novell had previously asked the entire 10th Circuit to rehear the case but was turned down when no judge asked that the court be polled on the matter.
Novell, a computer software company with an office in Provo, said it wants to appeal a recent ruling in which the appeals court overturned a Utah federal judge and sent back for trial The SCO Group's dispute with Novell over who owns the copyright to the Unix computer operating system.
Such an appeal would further delay the case that stems from a 2003 SCO lawsuit in which it claimed IBM used Unix as a model to make changes to the Linux computer operating system that made Linux a formidable competitor of Unix and caused SCO's revenues to decline.
SCO sued Novell the next year after Novell said it, and not SCO, owned the copyrights to Unix.
