Scheduling Order Entered in NEON v. IBM

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Federal Judge James R. Nowlin in the Western District of Texas in Austin has entered an order setting jury selection for March 12, 2012 in Neon Enterprise Software, LLC v. International Business Machines Corporation

NEON Enterprise Software, LLC today announced that Federal Judge James R. Nowlin in the Western District of Texas in Austin has entered an order setting jury selection for March 12, 2012 in Neon Enterprise Software, LLC v. International Business Machines Corporation (case number 1:09-cv-00896-JRN).

The scheduling order set the following dates:

    ADR Report Deadline due by 8/27/2010;
    Amended Pleadings due by 10/22/2010;
    Discovery due by 12/16/2011;
    Joinder of Parties due by 10/22/2010;
    Motions due by 1/27/2012; and
    Final pretrial conference and jury selection set for March 2012.

By agreement of the parties, deposition discovery has been limited to 130 hours plus 25 hours for expert witnesses, per side. Document discovery has already begun including the disclosure of NEON zPrimeTM product and source code to IBM’s legal team.

NEON v. IBM
NEON’s lawsuit alleges that IBM has engaged in conduct that disparages Neon and its product, zPrime, that unlawfully interferes with customers purchasing zPrime and that violates United States antitrust laws.

Facts about zPrime
zPrime is a proprietary software product that enables IBM System z business application workloads (IMS, DB2, CICS, TSO/ISPF and batch) to run on IBM’s equally fast, lower-cost zIIP or zAAP specialty processors.

About NEON Enterprise Software
NEON Enterprise Software is a privately held company with offices in Austin and Sugar Land, Texas that provides innovative mainframe software solutions to the world’s largest corporations. NEON products work to dramatically lower the cost of mainframe computing, and they enable organizations to take control of the IT resources vital to their business success. For more information about NEON, visit http://www.neon.com.

The NEON Enterprise Software logo and zPrime are trademarks of NEON Enterprise Software in the USA and in other select countries. All other trademarks are the property of their respective owners.

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Dave Webb
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