The plaintiff sued the defendant for violations including misappropriation of trade secrets and unfair competition, alleging that IBM had–without authorization from SCO–open sourced certain of SCO’s intellectual property. Significant portions of SCO’s IP, including copyrighted material, allegedly were incorporated into Linux, the Unix-based open source operating system for computers that use the Intel architecture. Subsequent to the events at issue, IBM became one of the leading worldwide players in the Linux market.
Econ One was retained by counsel for SCO to perform an economic analysis of liability, damages, and unjust enrichment. Dr. Leitzinger submitted an expert report addressing these issues, and a rebuttal report responding to claims by a number of IBM’s experts. He also provided deposition testimony. Prior to trial, the case was resolved when a court ruled that SCO could not satisfactorily establish ownership of the relevant IP.