Mood:
brightNow Playing: Dancing With The Elephant - So you REALLY think you can dance? (politics at the zoo)
Topic: Microsoft and VCSY
Just putting this here so you can find information others want to bury:
And here's the conversation on one order:
223837
http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=223837&submit=Go
223839
http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=223839+&submit=Go
223862
http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=223862&submit=Go
223850
http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=223850&submit=Go
or you can read it in the reverse order. Ain't computers wonderful?
http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=223850&submit=Go
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How is this for the closing the deal. VSCY had their number and MSFT had theirs'. Deadlock...in comes the Sharepoint Motion along with Amber Hatfield Rovner and within 6 weeks an agreement was reached.
http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=223862&submit=Go
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Also from Amber Hatfield Rovner's firm.
http://www.weil.com/practiceareas/detail.aspx?service=2536
Technology & IP Transactions
Acquired a tradition of excellence in complex licensing and technology transactions
Broad expertise includes a wide variety of transactions ranging from outsourcing, joint ventures, technology development and licensing, strategic alliances, professional services agreements and e-commerce agreements to intellectual property audits and due diligence
Represent clients in all stages of development, from start-ups to established companies, in technology fields as diverse as pharmaceuticals, software, hardware, semiconductors, and consumer electronics
http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=223839+&submit=Go
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Why Amber Hatfield Rovner came on board for MSFT. (used by MSFT in the past)
To work the settlement agreement?
http://www.weil.com/practiceareas/detail.aspx?service=2542
Alternative Dispute Resolution
Partners and counsel ranked among the leaders in dispute resolution and international arbitration —Chambers Global
Involved in helping to resolve more than 200 major international disputes, including scores of arbitrations dealing with the laws of dozens of different nations
Vast experience in dealing with all the major ADR organizations, including American Arbitration Association and JAMS, among others
With alternative dispute resolution providing a faster, more cost-effective and confidential alternative to traditional litigation forums, it is not surprising that major corporations today often look to resolve their disputes outside of the courthouse, employing a variety of alternative dispute resolution strategies. From leading companies to government agencies, global organizations look to Weil Gotshal for counseling on a wide range of ADR issues. We have been engaged in disputes in virtually all major commercial and financial sectors and have appeared for major corporations and multinationals, governments and international non-governmental organizations.
Moreover, the globalization of business has resulted in corporations increasingly deploying their assets and conducting their affairs in many different jurisdictions simultaneously, thereby exposing themselves to the laws and regulatory practices of unfamiliar countries, often with little choice as to how disputes, differences and claims might be resolved. In this environment, it is critically important that businesses with multinational exposures have available to them sophisticated and experienced lawyers to counsel, assist and, where necessary, intervene to resolve disputes. As one of the largest and most diversified law firms in the world, Weil Gotshal can provide such assistance through a truly impressive and international reach.
Our litigators have been involved in more than 200 international disputes, including scores of international arbitrations, dealing with the laws of dozens of different nations including Japan, Israel, Belgium, Poland, and the UK, as well as supranational laws such as UNIDROIT and the International Sale of Goods (CISG), and various bilateral and multilateral treaties, such as NAFTA.
Our attorneys have appeared before some of the major arbitral and trade institutions of the world, including the ICC, AAA, LCIA, WIPO, WTO, the US-Iranian Claims Tribunal, the International Arbitral Center of the Austrian Federal Economic Chamber, the Court of Arbitration of the Hungarian Chamber of Commerce, the Court of International Trade, the Netherlands Arbitration Institute and the Stockholm Chamber of Commerce. We have also advised and assisted in the enforcement of arbitral awards and judgments obtained in other jurisdictions and are experienced in obtaining evidence for use in foreign proceedings.
In addition, our litigators provide valuable strategic risk management advice during the course of our clients' business negotiations and transactions, so as to minimize both the risk and possible impact of any future litigation. This approach has earned high praise from clients and peers, with many Weil Gotshal partners and counsel ranked as leaders in international arbitration and dispute resolution according to Chambers Global.
As a further testament to the quality of our litigators, both past and present Weil Gotshal lawyers have served as judges and arbitrators, as well as being leading academics in their chosen fields. Overall, clients rely on Weil Gotshal's experience in ADR to achieve the best possible solution that meets their business objectives
http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=223837&submit=Go
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I wonder how much VSCY was seeking?
http://www.weil.com/news/newsdetail.aspx?news=31231
(November 16, 2007, Weil Gotshal Press Release)
November 16, 2007, New York - Weil, Gotshal & Manges LLP obtained a major patent victory for Microsoft yesterday in the Eastern District of Texas (Beaumont). Computer Acceleration Corp. (CAC), a subsidiary of well-known patent assertion company Acacia Research, claimed over $750M in damages, alleging that Microsoft's Windows XP infringed its patent.
After a two-week trial, the jury deliberated for two hours before delivering a complete verdict for Microsoft, finding no infringement and invalidating the patent at issue.
"The trial demonstrates that Microsoft will litigate cases to verdict, despite large damages claims against our flagship products," stated Isabella Fu, Microsoft's in-house counsel. "Microsoft values and respects intellectual property , but we will continue to fight suits that have no merit."
"This verdict is particularly significant and satisfying," commented Matt Powers, Weil Gotshal's first chair at the trial. "Even though technology companies are frequently sued for patent infringement in the Eastern District of Texas, this marks the first time a major defendant has taken a patent assertion company case to the jury and earned a total win."
The team included Microsoft in-house counsel Isabella Fu as well as Weil Gotshal partners Matt Powers, David Healey, Kevin Kudlac and Doug Lumish, counsel Amber Rovner, and associates Steve Carlson, John Halbleib, Ben Elacqua, Joseph Lee and Todd Patterson.
About Weil, Gotshal & Manges
Weil, Gotshal & Manges is an international law firm of over 1,200 lawyers, including approximately 300 partners. Weil Gotshal is headquartered in New York, with offices in Austin, Boston, Budapest, Dallas, Frankfurt, Hong Kong, Houston, London, Miami, Munich, Paris, Prague, Providence, Shanghai, Silicon Valley, Warsaw, Washington, DC and Wilmington.
http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=223697&submit=Go&endat=223879&numposts=60
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"Too good to be true."
MSFT all along claimed "prior art." LONGS said for months that MSFT had no case.
Sharepoint was added to the infringement.
MSFT asked for a two week extension of the Markman hearing.
MSFT settled on the day of the Markman hearing. 15 months after the case was filed.
If MSFT believed their "prior art" case, why wouldn't they go through with the Markman hearing? Maybe because they were risking having the judge place an Injunction on .Net and Sharepoint. That's $7 billion dollars in annual sales for .Net and Sharepoint. That's a lot of customers that MSFT would have to "do some 'plainin' too" as Ricky Ricardo would say...
And VCSY, a little penny stock company, got the multi-billion dollar MSFT to settle. MSFT could've taken their chances with the Markman hearing. If no injunction, MSFT could've pushed this to court. But they didn't. They settled.
And lo and behold, days after settlement, MSFT and .Net start putting out PRs about their new "internet" prowess and power. No, that wasn't coincidental at all. Things that .Net and Sharepoint could not do the week before July 25th, snap, voila, magic, abrakadabra, now .Net and Sharepoint can accomplish. And users and developers are saying, "wow, Sharepoint's sure improved..."
But yes, this is "all too good to be true."
Niro, famed patent infringement lawyer, spent two years on a case on contingency and got $3 million dollars since some here say VCSY only got $10 million. And gee, VCSY which HAD a strong case, they just crumbled on the day of the MARKMAN HEARING which they probably would've heard "THE PATENT IS VALID." And then what, MSFT would've had an injunction placed on it...VCSY could've waited a few days and how many hundreds of millions or billions would've MSFT been FORCED to pay to VCSY to get that injunction lifted off its thousands and thousands of partners of .Net and Sharepoint...
But no, VCSY crumbled and settled for peanuts. That's what the bashers want you to believe. It's "too good to be true."
VCSY had MSFT by the nuts. The MARKMAN hearing would've been a huge turning point in the case. VCSY would've heard "THE PATENT IS VALID" and they would've had hundreds and hundreds of millions. But, WADE who has waited 8.5 years couldn't wait 2 more days, so he said, "Just give me that $10 million..."
Sure. Believe that if you want.
The LONGS know this wasn't too good to be true. There are facts. The facts point us to the conclusion that this was VERY GOOD for VCSY. And gee, looks like MSFT got some good things from the deal too. That's called a compromise. A partnership. It was very good. It is very good.
(Voluntary Disclosure: Position- Long)
http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=223967
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As I said I find it interesting that BIFT digs up very good news for LONGS and all of a sudden it's on the second page because people are posting about politics. Is it coincidental? Maybe. Or do people want all the good D&D buried?
Again, maybe it's coincidental. But, I was excited to read BIFT's finds. And when I left the computer for an hour, nobody had commented on them and instead they were buried on the 2nd page by off topic posts.
(Voluntary Disclosure: Position- Long)
