Path: utzoo!telecom-request Date: 21 May 91 13:59:14 GMT From: Toby Nixon Newsgroups: comp.dcom.telecom Subject: Re: Hayes Wins Damages on its Command Set Patent Message-ID: Organization: Hayes Microcomputer Products, Norcross, GA Sender: Telecom@eecs.nwu.edu Approved: Telecom@eecs.nwu.edu X-Submissions-To: telecom@eecs.nwu.edu X-Administrivia-To: telecom-request@eecs.nwu.edu X-Telecom-Digest: Volume 11, Issue 386, Message 1 of 8 Lines: 48 In article , riddle@hoss.unl.edu (Michael H. Riddle) writes: > I'm just a little surprised at the tone and direction most of the > comments have taken, just as I'm a little surprised by Toby Nixon's > silence. Perhaps the company has not allowed him to say anything, > although I'd think an approved press release might be available and, > if so, would certainly help clear the air. (If I missed one you > posted Toby, then I apologize. I know you try hard.) Since the matter is still in litigation (both the appeal of the Everex/Omnitel/VenTel suit, and the Multitech trial and others), I cannot comment except on historical facts. As much as I might like to, I cannot comment on anything pertaining to matters that might be the subject of a trial. One thing I will say: another writer (not Mike Riddle) stated his belief that the US Justice Department should "go after" companies that try to monopolize by lawsuit. As a matter of historical fact, I should point out that the defendants in the recent trial (Everex, Omnitel, VenTel), and several others which settled before the trial, ORIGINATED legal action AGAINST HAYES. They filed suit claiming that Hayes was attempting to monopolize the modem market by enforcing the Heatherington patent. Hayes counter-sued for patent infringement (i.e., we didn't start it, they did). The claim of monopolization was thrown out of court by summary judgement -- the court found no merit at all in their claim. The judge did, however, find merit to Hayes' claim of patent infringement, which eventually went to trial, the result of which everyone is now aware. > [Moderator's Note: Actually, Toby Nixon did send a good response to te > Digest on this. Perhaps you are behind in your reading? PAT] My previous response was to an employee of another modem company that appeared to be inviting a lawsuit. I considered that to be a separate matter from the issues related to the validity of the Heatherington patent and the related cases. I was subsequently contacted by the management of that company, and it was clearly stated that the opinions expressed by that employee were not those of the company or its management (as I suspected). Toby Nixon, Principal Engineer | Voice +1-404-840-9200 Telex 151243420 Hayes Microcomputer Products Inc. | Fax +1-404-447-0178 CIS 70271,404 P.O. Box 105203 | UUCP uunet!hayes!tnixon AT&T !tnixon Atlanta, Georgia 30348 USA | Internet hayes!tnixon@uunet.uu.net