asked Novell to participate in the SCO's Linux IP infringement licensing plan. When Novell refused, SCO asked Novell to turn the Unix copyrights over to SCO, a request Novell also refused. SuSE arbitration SCO filed a second amended complaint on February 6, 2006, containing the original slander of title claim as well as several new claims, including unfair competition, copyright infringement (for Novell's distribution of SUSE Linux), and breaching a purported non-compete agreement (again, related to SUSE Linux). On April 10, 2006, Novell's SuSE division (a European vendor of Linux operating systems) filed a request for arbitration against SCO with the Secretariat of the International Chamber of Commerce's International Court of Arbitration in Paris, France. Years earlier, while still known as Caldera International, SCO had signed contracts with then-independent SuSE, among others, involving the United Linux product. The United Linux members agreed that each member would have broad licenses to exploit and distribute Linux products that included United Linux technology. These agreements included clauses requiring the members to use an arbitration process to resolve disputes. SuSE's arbitration request was a response to SCO's amended complaint against Novell. The arbitration process has relatively strict timelines, unlike the U.S. courts' procedures. Novell filed a Motion to Stay Claims Raising Issues Subject to Arbitration in the U.S. courts, saying that four of SCO's five claims had been brought to arbitration, including the claim of copyright infringement, and thus should be stayed until the arbitration tribunal rendered its decision. Novell also filed an Answer to SCO's 2nd Amended Complaint and Counterclaims, claiming a large number of affirmative defenses, including a claim that SCO committed fraud upon the U.S. copyright office. Licensing agreements and Novell's motion for summary judgement On September 22, 2006, Novell sought leave to file amended counterclaims. Through discovery, Novell had obtained copies of SCO's Unix licensing agreements with Microsoft and Sun. Upon reviewing the agreements, Novell claimed that they breached the APA. The added claims were conversion and breach of fiduciary duties. SCO stipulated to Novell's motion, and therefore Judge Kimball granted it. Novell filed a motion on September 29, 2006, asking for summary judgment, or if that was rejected, then for a preliminary injunction. Novell alleged that SCO, through their agreements with Sun and Microsoft, licensed Novell's property without paying Novell the royalties it was due under the APA. Novell asked the court to force SCO to turn the royalties