From: dhoward@novell.com (Dirk W. Howard)
Subject: Roger Billings Lawsuit (was Re: Novell-Uh Oh!)
Organization: Novell, Inc.
Date: Wed, 6 Jan 1993 15:25:06 GMT



 *****  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.
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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)
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Descriptors..
Company:   Novell Inc. (Cases).
Topic:     Patent
           Legal Issues
           Lawsuits
           Distributed Processing.
Person:    Billings, Roger (Patents).

Record#:   12 478 160.
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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."

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Dirk W. Howard              These are my personal opinions.  No one else 
Novell Technical Support    in their right mind would claim them.
dhoward@novell.com
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