The Eleventh Circuit has upheld the tossing of a software company owner's suit which alleged that Novell Inc., the SCO Group Inc., and X/Open Co. Ltd., conspired to fraudulently conceal the true owner of a trademark covering the Unix operating system. The ruling on Friday states that no genuine issues of material fact existed as to the ownership of the disputed Unix mark and that the district court had properly granted summary judgment against plaintiff Wayne R. Gray on all claims. In affirming the lower court's decision, the panel rejected Gray's argument that X/Open — which had previously challenged Gray's application to register his own inuX trademark — was not the true owner of the Unix trademark. The panel ruled that Gray had misconstrued the legal effect of a series of transactions that led to X/Open's assignment of the disputed mark and the conclusion that X/Open owned the mark invalidated all Gray’s claims. X/Open is represented by Finnegan.