Subsequent a last ruling from a judge in U.S. District Court for the District of Utah in June, SCO Group filed an plea in its long-running lawful battle with Novell. SCO asked 10th Circuit Court of Appeals to think again every ruling, as well as a judge’s decision in March and a final judgment that came in June, or begin a new examination.

In June, when the district court decided Novell's demand for declaratory judgment and ruled beside SCO's claims of insult and violate of good confidence, several spectators celebrated the ending of the sour fight. The Utah judge prepared the case closed. Still, the thing was left open for a plea and SCO has decided to carry on following the case.

The argument dates back to 2003 when SCO take legal action IBM, claiming that it dishonored SCO's rights by contributing UNIX code to Linux. The following year, SCO take legal action Novell, saying it wrongly claimed rights to UNIX. SCO has lost mainly rulings next to the way. Neither SCO nor Novell replied to an appeal for comment regarding the appeal.

Many spectators emerge prepared to see the end of argument, if comments posted on Groklaw, a site that has nearly chase the case, are any measure.