SCO Requests a Delay on Answering IBM Motion to Compel

Saturday, October 18 2003 @ 08:47 AM EDT

Contributed by: PJ

SCO got the delay it wanted to answer IBM's Amended Complaint with Counterclaims, so they are asking Judge Kimball if they could have until the 24th to answer IBM's Motion to Compel. IBM has opposed their request. Also IBM is adding another lawyer to the team. Here's the docket info:

10/17/04 Entered: 10/17/03 Add attorney for IBM David R. Marriott
10/17/03 Motion to extend time by SCO to 10/24/03 for pla to resp to mot/compel
10/17/03 Memorandum in opposition by Intl Bus Mach Inc in opposition to motion to extend time to 10/24/03 for pla to resp to mot/compel

Marriott appears to be a patent infringement guy for Cravath, judging from his involvement in this case. That's assuming this is the same individual, which I don't know to be the case.

Peter Galli of eweek really did ask BayStar and SCO about whether MS is behind the cash transfusion SCO just got. Everyone denies it. I think it's wonderful that Galli actually asked. That's what reporters are supposed to do. But there is one shadow in the picture:

"McGrath also pointed eWeek to a BayStar White Paper on PIPEs published in October 2002, which lists both Microsoft and Vulcan Ventures, Inc., the investment firm of Microsoft co-founder Paul G. Allen, as being among the top ten PIPE investors since 1995.

"That, McGrath said, could explain why people were assuming that Microsoft was an investment partner alongside BayStar, but he was unable to say if Vulcan was such a partner."