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IBM Drops Patent Counterclaims

Posted by Zonk on from the why-prolong-the-inevitable dept.

Mr. Slant writes "According to this article on Groklaw, IBM is dropping their patent counter-claims. Why? It's not because they think they'd lose, but rather because SCO wants to waste more time litigating. There's still some question over whether SCO will be able to pay the rest of their legal bills, given how much cash they're losing each quarter." From the article: "Here's a simple rule of litigation. You never, ever offer to drop anything you think you'll need for victory or to make yourself whole. Litigation is always a cost-benefit analysis. You have to have the prospect of a sizable enough win to pay your lawyer, or you will find it hard to get one, or, like Boies Schiller, the lawyer will want its money up front. IBM did the math, and SCO isn't looking like deep pockets any more, is it, now that Boies Schiller has drained them of pretty much all they had? So, IBM's practical analysis apparently was that it's worth more to get the thing over with on time than to go after counterclaims against a defendant with no money in its pocket to pay damages or royalties, even when IBM won. Plus, there is some strategy here too. Sometimes in chess, you'll let a pawn be sacrificed to set up a checkmate."

6 of 137 comments (clear)

  1. Stuff that ...mattered... by vlad_petric · · Score: 5, Informative

    The much more interesting story from groklaw is that SCO's motion for further delay was denied

    --

    The Raven

    1. Re:Stuff that ...mattered... by JPriest · · Score: 2, Informative

      Oh my god, I just read on the same page they are _still_ in discovery! What gives? If SCO _still_ does not have the evidence they need how could any sane judge let the discovery period continue for this long?

      --
      Saying Java is nice because it works on all OS's is like saying that anal sex is nice because it works on all genders.
  2. To support the article ... by linumax · · Score: 5, Informative

    Will SCO be around to collect if it wins?

  3. Re:So SCO gets no punishment whatsoever. by Xylaan · · Score: 2, Informative

    As far as I know, they're only dropping the patent counter claims, not any of the other counter-claims (Lanham Act, Unfair practicies, Copyright Violation, Breach of Contract).

    SCO is trying to assert that the patent counter-claims will require even more discovery, and IBM has decided that they can put the screws to SCO without using them, and is dropping them in an attempt to get this over with.

  4. Re:So I guess lawyers have no soul? by The+Lynxpro · · Score: 2, Informative

    "So I guess lawyers have no soul?"

    Dare I suggest this link to answer your question with?

    http://en.wikipedia.org/wiki/Wolfram_and_Hart

    --
    "Right now, somewhere in this world, Scott Baio is plowing a woman he doesn't love," - Peter Griffin, *Family Guy*
  5. Re:So SCO gets no punishment whatsoever. by Pharmboy · · Score: 2, Informative

    Welcome to America. Please note, we don't have debtors prisons, so if you owe lots and lots of money, bill collectors may call, but no one is going to put in you "federal pound me in the ass prison".

    This is one of the things we swore we would no longer tolorate when we broke off from England. That and blood pudding.

    --
    Tequila: It's not just for breakfast anymore!