Contingencies |
15. Contingencies The company is involved in a variety of claims, demands, suits, investigations, tax matters and proceedings that arise from time to time in the ordinary course of its business, including actions with respect to contracts, intellectual property (IP), product liability, employment, benefits, securities, foreign operations, antitrust and environmental matters. These actions may be commenced by a number of different parties, including competitors, partners, clients, current or former employees, government and regulatory agencies, stockholders and representatives of the locations in which the company does business.
The following is a summary of the more significant legal matters involving the company.
The company is a defendant in an action filed on March6, 2003 in state court in Salt Lake City, Utah by the SCO Group (SCO v. IBM). The company removed the case to Federal Court in Utah. Plaintiff is an alleged successor in interest to some of ATTs UNIX IP rights, and alleges copyright infringement, unfair competition, interference with contract and breach of contract with regard to the companys distribution of AIX and Dynix and contribution of code to Linux. The company has asserted counterclaims, including breach of contract, violation of the Lanham Act, unfair competition, intentional torts, unfair and deceptive trade practices, breach of the General Public License that governs open source distributions, promissory estoppel and copyright infringement. Motions for summary judgment were heard in March2007, and the court has not yet issued its decision. On September14, 2007, plaintiff filed for bankruptcy protection, and all proceedings in this case were stayed. On August25, 2009, the U.S. Bankruptcy Court for the District of Delaware approved the appointment of a Chapter 11 Trustee of SCO. The court in another suit, the SCO Group,Inc. v. Novell,Inc., held a trial in March2010. The jury found that Novell is the owner of UNIX and UnixWare copyrights, and the issues currently pending before the judge include whether SCO is obligated to recognize Novells waiver of SCOs claims against IBM and Sequent for breach of UNIX license agreements.
On November29, 2006, the company filed a lawsuit against Platform Solutions,Inc. (PSI) in the United States District Court for the Southern District of New York, alleging that PSI violated certain intellectual property rights of IBM. PSI asserted counterclaims against IBM. On January11, 2008, the court permitted T3 Technologies, a reseller of PSI computer systems, to intervene as a counterclaim-plaintiff. T3 claimed that IBM violated certain antitrust laws by refusing to license its patents and trade secrets to PSI and by tying the sales of its mainframe computers to its mainframe operating systems. On June30, 2008, IBM acquired PSI. As a result of this transaction, IBM and PSI dismissed all claims against each other, and PSI withdrew a complaint it had filed with the European Commission in October2007 with regard to IBM. On September30, 2009, the court granted IBMs motion for summary judgment and dismissed T3s claims against IBM. This decision has been appealed by T3. In January2009, T3 |