From the The Law Depends On Which Judge You Get dept.:
A federal appeals court Monday overturned a 2007 decision that Novell owns the Unix code and sent the case back to trial, clearing the way for SCO to pursue a $1 billion copyright infringement case against IBM.

In a 54-page decision, the 10th Circuit Court of Appeals said it was reversing the 2007 summary judgment decision by Judge Dale Kimball of the U.S. District Court for the District of Utah, which found that Novell was the owner of Unix and UnixWare copyrights.