Abuse of Process

According to The Register, SCO doesn't even own the copyrights and patents for Unix that it is alleging that IBM violated. The Register claims that the very same SCO executives who initiated the IBM suit knew that they did not own the intellectual property, and if that's true I don't see SCO can avoid an IBM counter-suit for abuse of process, which is defined at law.com as follows:

abuse of process
n. the use of legal process by illegal, malicious, or perverted means. Examples include serving (officially giving) a complaint to someone when it has not actually been filed, just to intimidate an enemy; filing a false declaration of service (filing a paper untruthfully stating a lie that someone has officially given a notice to another person, filing a lawsuit which has no basis at law, but is intended to get information, force payment through fear of legal entanglement or gain an unfair or illegal advantage. Some people think they are clever by abusing the process this way. A few unscrupulous lawyers do so intentionally and can be subject to discipline and punishment. Sometimes a lawyer will abuse the process accidentally; an honest one will promptly correct the error and apologize.