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- From: dhoward@novell.com (Dirk W. Howard)
- Subject: Roger Billings Lawsuit (was Re: Novell-Uh Oh!)
- Message-ID: <dhoward.258.0@novell.com>
- Sender: usenet@Novell.COM (Usenet News)
- Nntp-Posting-Host: dhoward.nsd.provo.novell.com
- Organization: Novell, Inc.
- References: <bheagney.0mlh@amiganet.chi.il.us> <bheagney.0mue@amiganet.chi.il.us>
- Date: Wed, 6 Jan 1993 15:25:06 GMT
- Lines: 75
-
-
-
- ***** Computer Select, November 1992 : Doc #14895 *****
-
- Journal: EDGE: Work-Group Computing Report July 27 1992 v3 n114 p2(1)
- * Full Text COPYRIGHT EDGE Publishing 1992.
- -----------------------------------------------------------------------------
- Title: Lawsuit: Novell corrects recent wire story on patent suit;
- self-described scientist drops primary claim of direct
- infringement against Novell. (American Academy of Science's Roger
- Billings)
- -----------------------------------------------------------------------------
- Descriptors..
- Company: Novell Inc. (Cases).
- Topic: Patent
- Legal Issues
- Lawsuits
- Distributed Processing.
- Person: Billings, Roger (Patents).
-
- Record#: 12 478 160.
- -----------------------------------------------------------------------------
- Full Text:
-
- Contrary to a recent Dow Jones Newswire story regarding a patent suit filed
- against Novell by a Roger Billings and his non-profit Missouri Corporation,
- American Academy of Science (AAS), Novell announced last Tuesday that it has
- not lost in recent court actions. In fact, recent actions have been
- favorable to Novell, resulting in Billings significantly narrowing his patent
- infringement claims against the company.
-
- The basis for the incorrect patent story was a press release issued by
- Billings that only selectively referenced actions taken July 9 by the Federal
- District Court for the Northern District of California.
-
- In deciding whether the case will be transferred to Salt Lake City, or remain
- in San Francisco, the court ruled the case could stay in California if AAS
- dropped all of its claims that Novell directly infringed on the contested
- Billings' patent. To keep the case from being moved to Utah, ASS waived all
- of its claims of direct infringement against Novell.
-
- Billings purports that his patent covers a "functionally structured
- distributed data processing system." It is Novell's position that the system
- described by the patent was established long before the patent was filed.
- Novell considers the Billings patent to be invalid and unenforceable. Recent
- Billings assertions also refer to some 200 other companies beyond Novell that
- he suspects of enabling computer users to infringe on the Billings' patent.
-
- Novell and its patent counsel reiterated statements they made in December
- 1991 when Novell first brought suit to have the Billings patent declared
- invalid. "After a review of the Billings assertions, Novell has concluded
- that his claims are totally without merit and that the patent was
- fraudulently obtained," said Gary Hecker, of Hecker and Harriman, a Los
- Angeles based patent firm and lead litigation counsel for Novell. The case
- is in its very early stages. No trail date has been set.
-
- Billings is basing his claims on US Patent No. 4,714,989 issued in December
- 1987 for a data processing system with user stations, a data center and
- telephone switching network. Billings alleges that he assigned the patent to
- AAS as a charitable donation, but has retained rights to a portion of any
- earnings.
-
- According to Novell, Billings has a history of making patent claims. He has
- received several mentions in British newspapers. A June 23, 1991 Sunday
- London Times article discussed a Billings-invented water-powered car, and
- mentioned that he claims credit for the double-sided floppy computer disc.
- In commenting on his water-powered car to a skeptical Times Billings is
- quoted as saying, "If I am fooling myself, the patents will not be terribly
- valuable, but I would rather have patents than credibility at this point."
-
- ---------------------------------------------------------------------------
- Dirk W. Howard These are my personal opinions. No one else
- Novell Technical Support in their right mind would claim them.
- dhoward@novell.com
- ---------------------------------------------------------------------------
-