Novell has failed in its attempt to get SCO's patent claims chucked out so the case is now likely to go to court.

The case enters the discovery phase where both sides must ready the evidence they wish to use in court.

SCO claims ownership of patents included in some versions of Unix.

Novell claims it has evidence to support its ownership of Unix patents but the judge ruled that the right place to decide that is in disclosure, not in a motion to dismiss.

More details and a good round-up of the legal arguments courtesy of eWeek here.®

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