Current Report
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of
Report (Date of earliest event reported):
October 20, 2009
The SCO Group, Inc
.
(Exact
name of registrant as specified in its charter)
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Delaware
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0-29911
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87-0662823
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(State
or other jurisdiction of
incorporation)
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(Commission
File
Number)
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(IRS
Employer
Identification
No.)
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355
South 520 West
Lindon,
Utah 84042
(Address
of principal executive offices, including Zip Code)
Registrant’s
telephone number, including area code:
(801) 765-4999
N/A
(Former
name or former address, if changed since last report)
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions:
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o
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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o
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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o
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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o
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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Item
8.01 Other Material Events
On October 20, 2009, the United States
Court of Appeals for the Tenth Circuit denied Novell, Inc.'s petitions for
rehearing or for rehearing en banc of the Court's opinion issued on August 24,
2009. In its order, with respect to the petition for rehearing en
banc, the Court stated,: “As no member of the panel and no judge in regular
active service on the court requested that the court be polled, that petition is
also denied.”
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
Dated:
October 21, 2009
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THE
SCO GROUP, INC.
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By:
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/s/
Kenneth
R.
Nielsen
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Name:
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Kenneth
R. Nielsen
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Title:
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Chief
Financial Officer
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