SCO Grp v. Novell Inc

Filing 335

DECLARATION of Kenneth W. Brakebill re 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance, 271 MOTION for Partial Summary Judgment on the Copyright Ownership Portions of SCO's Second Claim for Breach of Contract and Fifth Claim for Unfair Competition, 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages, 273 MOTION for Partial Summary Judgment on SCO's Non-Compete Claim in its Second Claim for Breach of Contract and Fifth Claim for Unfair Competition filed by Novell, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 13# 13 Exhibit 14# 14 Exhibit 15)(Sneddon, Heather)

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Novell's Unique Legal Rights Case 2:04-cv-00139-DAK-BCW Novell Skip Page 1 of 3 Document 335-9 Filed 05/25/2007 Page 1 of 3 This is Your Open EnterpriseTM Choose Country - English Search Products & Solutions Services & Support Partners & Communities Download Login Novell's Unique Legal Rights Documents Linux Indemnification Home Linux Indemnification Program Indemnified Linux Products How to Buy Linux Products Price List Unique Legal Rights Novell's UNIX copyright registrations Below is a list of the individual PDF files. Download them all in this ZIP file. UNIX System V, Release 4.2MP UNIX System V, Release 4.2/386 UNIX System V, Release 4.2 UNIX System V, Release 4.1ES/386 UNIX System V, Release 4.1ES UNIX System V, Release 4.1 UNIX System V, Release 4.0/386, Version 4 UNIX System V, Release 4.0/386, Version 3 UNIX System V, Release 4.0 UNIX System V, Release 3.2/386 UNIX System V, Release 3.2 UNIX System V, Release 3.1 UNIX System V, Release 3.0/386 UNIX System V, Release 3.0 UNIX System V, Release 2.0 800-529-3400 Find local contacts Request call Buy Novell's correspondence with the SCO Group Below is a list of the individual PDF files. Download them all in this ZIP file. View Date 12 May 2003 28 May 2003 From To SCO Novell Regarding "Letter to Linux Customers" and SCO's lawsuit against IBM SCO's "Letter to Linux Customers" Novell's May 28, 2003 Press Release Letter of June 6 Novell SCO Novell 06 Jun 2003 SCO 06 Jun 2003 Novell SCO http://www.novell.com/licensing/indemnity/legal.html Dockets.Justia.com 5/24/2007 Novell's Unique Legal Rights Case 2:04-cv-00139-DAK-BCW Page 2 of 3 Document 335-9 Filed 05/25/2007 Page 2 of 3 09 Jun 2003 Novell SCO 11 Jun 2003 SCO Novell IBM SVRX Licenses Response to June 9 Letter Asset Purchase Agreement between the Santa Cruz Operation, Inc. and Novell, Inc., September 19, 1995 12 Jun 2003 Novell SCO 12 Jun 2003 Novell SCO and IBM IBM SVRX Licenses 18 Jun 2003 Novell SCO 24 Jun 2003 Novell SCO 26 Jun 2003 Novell SCO 08 Jul 2003 11 Jul 2003 Novell SCO Novell SCO Asset Purchase Agreement between the Santa Cruz Operation, Inc. and Novell, Inc., September 19, 1995 Asset Purchase Agreement between the Santa Cruz Operation, Inc. and Novell, Inc., September 19, 1995 Asset Purchase Agreement between the Santa Cruz Operation, Inc. and Novell, Inc., September 19, 1995 Communications with Former Novell Executives Demand for Outstanding Royalty Reports and Payments, and Notice of Audit, under the Asset Purchase Agreement Between the Santa Cruz Operation, Inc. and Novell, Inc., September 19, 1995 Royalty Payments and Audit Request pursuant to Asset Purchase Agreement dated September 19, 1995 Follow-up to Novell's Letter of June 26, 2003, Novell Disputes SCO's Ownership of UNIX Copyrights Royalty Payments and Audit Request pursuant to Asset Purchase Agreement dated September 19, 1995 Source and binary code due Novell under the Asset Purchase Agreement (the "APA"), dated September 19, 1995, and the Technology License Agreement (the "TLA"), executed December 6, 1995, both between Novell and the Santa Cruz Operation, Inc. Response to Letters of August 4, 2003, and August 20, 2003 IBM Code Contributed to AIX Silicon Graphics, Inc. Technology License Agreement Technology License Agreement Silicon Graphics, Inc. IBM Code Contributed to AIX 17 Jul 2003 SCO Novell 04 Aug 2003 Novell SCO 07 Aug 2003 Novell SCO 20 Aug 2003 Novell SCO 10 Sep 2003 SCO Novell 07 Oct 2003 Novell SCO 07 Oct 2003 Novell SCO 07 Oct 2003 Novell SCO 09 Oct 2003 SCO Novell 10 Oct 2003 Novell SCO and IBM IBM Code 10 Oct 2003 Novell SCO and SGI Silicon Graphics, Inc. 13 Oct 2003 SCO Novell Technology License Agreement http://www.novell.com/licensing/indemnity/legal.html 5/24/2007 Novell's Unique Legal Rights Case 2:04-cv-00139-DAK-BCW Page 3 of 3 Document 335-9 Filed 05/25/2007 Page 3 of 3 Silicon Graphics, Inc. IBM Code Contributed to AIX 19 Nov 2003 Novell SCO 21 Nov 2003 Novell SCO Asset Purchase Agreement Request for Information in furtherance of ongoing Audit of SCO obligations under Asset Purchase Agreement dated September 19, 1995 SVRX Licenses Request for Information in furtherance of ongoing Audit of SCO obligations under Asset Purchase Agreement dated September 19, 1995 Response to Letter of December 23, 2003 Response to Letter of December 23, 2003 Continuing Request for Information in furtherance of ongoing Audit of SCO obligations under Asset Purchase Agreement dated September 19, 1995 4 February 2004 Letter 23 Dec 2003 Novell SCO 29 Dec 2003 Novell SCO 02 Jan 2004 SCO 07 Jan 2004 SCO Novell Novell 04 Feb 2004 Novell SCO 05 Feb 2004 SCO Novell 06 Feb 2004 Novell SCO and IBM Sequent Computer Systems 06 Feb 2004 Novell SCO and IBM Sequent Computer Systems (first enclosure to 6 February 2004 letter) 06 Feb 2004 Novell SCO and IBM Sequent Computer Systems (second enclosure to 6 February 2004 letter) 11 Feb 2004 Novell SCO Failure to Respond to Letter of 6 February 2004 Corporate Governance | Legal & Export | Privacy | Subscribe | Feedback | Glossary | RSS © 2007 Novell, Inc. All Rights Reserved. http://www.novell.com/licensing/indemnity/legal.html 5/24/2007

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