-----Original Message----- From: IBM Mainframe Discussion List [mailto:[EMAIL PROTECTED] On Behalf Of Tom Moulder Sent: Tuesday, December 12, 2006 11:47 AM To: IBM-MAIN@BAMA.UA.EDU Subject: Re: IBM sues maker of Intel-based Mainframe clones <snip>
Nor am I a lawyer, but it would appear to me that PSI lawyers could also attack the patent itself as being justified. After all, how many ways can there be to round a number to the nearest integer? Could you properly require every hardware manufacturer to come up with a new means for rounding? And, why hasn't IBM gone after HP or SUN or anyone that uses a computer to round? How about my TI calculator? Does it round also? <snip> It is time for me to bow out. I've already been an expert witness against a software patent holder (who got a patent on Automated Operations via a second computer after IBM, Boole & Babbage, Candle, etc. were already doing it). To say that I'm appalled with what drivel will get you a software patent doesn't begin to describe my indignation at this means of using law to beat up someone else. Let's just say that the patent holder is presumed to be righteous, and the "defendant" (or plaintiff if challenging) has the ENTIRE burden. And unless they can demonstrate (or are willing to do so) that the patent filer committed fraud to get their patent, just winning the suit and having the patent trashed is the best outcome. The worst is having to pay the other side's attorney fees, etc. plus lost "revenue".... Like I said, time for me to walk away. [Deep breath, exhale slowly, repeat]. Later, Steve Thompson ---------------------------------------------------------------------- For IBM-MAIN subscribe / signoff / archive access instructions, send email to [EMAIL PROTECTED] with the message: GET IBM-MAIN INFO Search the archives at http://bama.ua.edu/archives/ibm-main.html
