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The SCO Group, a small Lindon software company that gained notoriety for taking Big Blue to court, faces the possibility of being delisted from Nasdaq again. This time it's about its stock, which for the past 30 straight days closed at below the $1 per share minimum bid price required by the U.S.
Securities and Exchange Commission to remain listed. Shares of SCO inched up 3 cents, or 3.37 percent, to close at 92 cents in Friday's trading session. The stock traded as low as 82 cents a share and as high as $5.17 a share in the past 52 weeks. Company officials could not be reached for comment Friday on why SCO's share price has sunk below $1 for the past few months, and whether SCO plans to appeal the Nasdaq notice. According to Nasdaq, SCO has until Oct. 22 to be compliant by making sure its stock price closes at $1 a share or above for at least 10 consecutive business days. If the company fails to meet those standards by the October deadline, then a Nasdaq panel will decide if SCO meets its initial listing criteria. If it does, it will have an additional 180 days to comply. If it doesn't, SCO could be delisted unless it files an appeal. The company had faced a potential delisting in March 2005 after it was delinquent in filing its fiscal 2005 first-quarter and fiscal 2004 earnings reports because of accounting errors found in the financial results of its first three quarters of fiscal 2004. But it avoided that delisting after it filed the required reports in April 2005. SCO, which is known for taking International Business Machines to court over the Linux operating system, has suffered several legal setbacks since the lawsuit was filed in March 2003. SCO claims IBM took code from Unix -- to which SCO claims to hold copyrights -- and put it into Linux operating system. But IBM denies SCO's claim and has filed a counterclaim. Earlier this year, U.S. Magistrate Judge Brooke C. Wells tossed out two-thirds of SCO's claims against IBM because SCO had refused, despite repeated requests, to provide specific details about which lines of code allegedly were stolen. The case goes to trial next year. The industry is also watching for the outcome of a trial this September of a separate lawsuit SCO filed against Novell. At issue in this case is whether SCO owns the copyrights it claims IBM has infringed upon. Novell argues that it owns the copyrights to Unix, and that SCO does not. Industry participants are watching for the outcome of the lawsuits because if SCO were to win, this could cause problems not only for IBM, but also for Linux distributors such as Novell and Red Hat, and thousands of other companies worldwide that use Linux software. In its most recent earnings report issued in March, SCO's net losses narrowed to $1.02 million, or 5 cents loss per share, for the first quarter ended Jan. 31 from $4.58 million, or 23 cents a share a year ago. Total revenues dipped to $6.02 million from $7.34 million due to continued competitive pressure on its Unix products and services. The company said its legal expenses plunged to $654,000 for the first quarter, from $4.01 million a year ago. And these expenses are expected to be lower in fiscal 2007 compared with the previous year, SCO said in the March report.
This story appeared in The Daily Herald on page A1.
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