A Mountain of IBM Declarations

Saturday, September 18 2004 @ 06:05 AM EDT

Contributed by: PJ

Here is a list of IBM's Declarations in Support of Motion for Partial Summary Judgment on Breach of Contract Claims. I like the "Volume II of II" touch. IBM is writing a book, no doubt about it. They stayed silent for a year and a half, while SCO filled the media with quotations. But now, it is time to present proof, and it isn't SCO that turns out to have the mountain of evidence.

Of course, it is difficult to come up with evidence if you haven't done any depositions, which SCO seems not to have started. Instead they are holding their breath until they turn blue, insisting on being given all the AIX code since the dawn of time before they will begin.

******************************

SNELL & WILMER, L.L.P.
Alan L. Sullivan (3152)
Todd M. Shaughnessy (6651)
Amy F. Sorenson (8947)
[address, phone, fax]

CRAVATH, SWAINE & MOORE LLP
Evan R. Chesler (admitted pro hac vice)
David R. Marriott (7572)
[address, phone, fax]

Attorneys for Defendant/Counterclaim-Plaintiff
International Business Machines Corporation


____________________________


IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH

_____________________________

THE SCO GROUP, INC.

Plaintiff/Counterclaim-Defendant,

-against-

INTERNATIONAL BUSINESS
MACHINES CORPORATION,

Defendant/Counterclaim-Plaintiff

______________________________

DEFENDANT/COUNTERCLAIM-PLAINTIFF
IBM'S DECLARATIONS IN SUPPORT OF
MOTION FOR PARTIAL SUMMARY
JUDGMENT ON BREACH OF CONTRACT CLAIMS

VOLUME II of II


Civil No. 2:03CV-0294 DAK

Honorable Dale A. Kimball

Magistrate Judge Brooke C. Wells

________________________________

Defendant/Counterclaim-Plaintiff International Business Machines Corporation ("IBM") respectfully submits the following declarations, attached hereto at Tabs F-N, in support of its Motion for Partial Summary Judgment on Plaintiff/Counterclaim Defendant The SCO Group, Inc.'s ("SCO") breach of contract claims (SCO's First, Second, Third, and Fourth Causes of Action):

F. Declaration of Geoffrey D. Green, executed June 17, 2004.
G. Declaration of Ira Kristenberg, executed June 24, 2004.
H. Declaration of Richard A. McDonough III, executed April 30, 2004.
I. Declaration of Jeffrey W. Mobley, executed July 26, 2004.
J. Declaration of Scott Nelson, executed August 4, 2004.
K. Declaration of David P. Rodgers, executed November 5, 2003.
L. Declaration of Roger C. Swanson, executed June 28, 2004.
M. Declaration of Joan Thomas, executed August 4, 2004.
N. Declaration of Steve Vuksanovich, executed August 9, 2004.
O. Declaration of Otis Wilson, executed April 26, 2004.

DATED this 13th day of August, 2004.

SNELL & WILMER L.L.P.

_____[signature]______
Alan L. Sullivan
Todd M. Shaughnessy
Amy F. Sorenson

CRAVATH, SWAINE & MOORE LLP
Evan R. Chesler
David R. Marriott

Attorneys for Defendant/Counterclaim-Plaintiff
International Business Machines Corporation

Of counsel:

INTERNATIONAL BUSINESS MACHINES CORPORATION
Donald J. Rosenberg
Alec S. Berman
[address, phone]
Attorneys for Defendant/Counterclaim-Plaintiff
International Business Machines Corporation


CERTIFICATE OF SERVICE

I hereby certify that on the 13th day of August, 2004, a true and correct copy of the foregoing was hand delivered to the following:

Brent O. Hatch
Mark F. James
HATCH, JAMES & DODGE, P.C.
[address]

and was sent by U.S. Mail, postage prepaid, to the following:

Stephen N. Zack
Mark J. Heise
BOIES, SCHILLER & FLEXNER LLP
[address]

Robert Silver
BOIES, SCHILLER & FLEXNER LLP
[address]

______[signature]______
Amy F. Sorenson

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