The SCO Group has filed a motion to amend its Linux complaint against IBM.
SCO will add two copyright infringement claims to its complaint. Each claim could increase the amount of damages sought by $1bn, making the total damages in the case $5bn.
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The amendment will be the second since SCO filed its initial suit against IBM in March last year, claiming that IBM misappropriated trade secrets related to its Unix licence to benefit its Linux business.
SCO licensed the Unix operating system to companies such as IBM, Sun Microsystems and Hewlett-Packard after it claimed it obtained rights to the licence in 1995.
SCO first amended its complaint against IBM in June, increasing the damages amount at the time from $1bn to $3bn.
IBM has since countersued, claiming that SCO distributed its Linux technology without permission and infringed on technology copyrights.
IBM is seeking more information around SCO's claims on Unix System V code, while SCO is seeking details on IBM's AIX and Dynix, both Unix derivatives.
SCO said the proposed amendments to its case address concerns raised in IBM's motion to strike portions of SCO's defences, "thereby rendering moot IBM's motion to strike".
The company has anticipated that IBM may reveal additional evidence through discovery, and has requested an opportunity to further amend its complaint to address any new evidence.
A trial of the case is set for 11 April 2005.
Scarlett Pruitt and Joris Evers write for IDG News Service