10th Circ. Sides With Vigilant In Novell Coverage Suit

Law360, New York (April 29, 2011, 8:26 PM EDT) -- The Tenth Circuit ruled Friday that Vigilant Insurance Co. is not responsible for covering Novell Inc.'s defense costs in its ongoing intellectual property battle with The SCO Group Inc. over rights to the Unix operating system.

The underlying suit had its origins in SCO's $5 billion suit against IBM Corp., claiming that the technology giant violated its trademarks and sublicensing agreements by putting copyrighted Unix code into Linux, a Unix-related programming system. Shortly after that suit was filed, Novell claimed publicly that it was the rightful...
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