An attorney, that goes by marbux on Groklaw, has written an interesting piece on how the SCO vs. IBM case is proceeding from Judge Kimball's point of view.

U.S. lawyers know that what judges do is to pick winners and losers, then help the winners win and help the losers lose. The goal is finality in a dispute. That means helping the winner create a record that has the best chance of being sustained on appeal. Even more importantly, however, Judge Kimball has decided that this case is going to get what judges call "active case management." That means that the judge is dropping the default mode of just letting the lawyers develop the record while the judge plays referee. The judge is going to actively manage development of the record.

This looks good for IBM and Linux.