The SCO Group aimed more legal fire at IBM this week, filing a motion to amend its Linux complaint against the company ahead of a hearing due to take place later this Friday.
It was not clear from the court papers made public exactly how the suit would be amended, but SCO said that the motion "adds claims that have arisen since the filing of the case."
An IBM representative in the UK had no comment on the motion and SCO representatives were not immediately available to comment.
The amendment will be the second since SCO filed its initial suit against IBM in March of last year, claiming that Big Blue misappropriated trade secrets related to its Unix licence in order to benefit its Linux business. SCO licensed the Unix operating system to companies like IBM, Sun Microsystems and Hewlett-Packard after it said that it obtained rights to the licence in 1995.
SCO first amended its complaint against IBM in June, increasing the amount in damages it sought from US$1 billion to $3 billion.
IBM has since counter-sued, claiming that SCO distributed its Linux technology without permission and infringed on technology copyrights.
The companies are due to meet in the US District Court for the District of Utah later today for a hearing on what information IBM needs to disclose to SCO.
In the motion filed Wednesday, SCO said that 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."
SCO added that it anticipates that IBM may reveal additional evidence through discovery and requested an opportunity to further amend its complaint to address new evidence.
A trial of the case is set for April 11, 2005.