Redhat has asked a federal judge to let their lawsuit continue without being put on hold pending IBM's case. "Arguing that the stay was "inappropriate," Red Hat requested on Tuesday that Sue Robinson, chief judge for the U.S. District Court in Delaware, allow it to move forward with its case. The Raleigh, N.C.-based company is seeking a declaration from the Delaware court that it isn't violating SCO's copyrights or trade secrets.

Robinson issued a hold in the Delaware case in April until a separate but related lawsuit filed by SCO against IBM had been resolved in Utah federal court. At the same time, she rejected SCO's request to have the case thrown out altogether."