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SCO will appeal the gutting of its lawsuit against IBM

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Utah's SCO Group is appealing a federal magistrate's gutting of its $5 billion lawsuit against IBM, hoping to salvage the tens of millions of dollars it has spent litigating the case over the past three years.

The Lindon software company asked U.S. District Judge Dale Kimball to reverse a June 28 ruling by U.S. Magistrate Brooke Wells that struck down two thirds of SCO's allegations connected to Big Blue's purported leaking of SCO's Unix code into the freely distributed Linux operating system.

The appeal, technically an "objection" seeking Kimball's review, argues that Wells' reasoning confused SCO's contractual allegations over IBM's alleged export of the code with SCO's Unix copyright claims.

SCO attorney Brent Hatch said the appeal, which was filing electronically with the court clerk's office Thursday night, also contends Wells took out of context some of the case law she cited to support her ruling.

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