No subject

genetic UNIX licensed code that also contribute to both Linux and FreeBSD,
some of which are paid to do so. While this in itself is not completely
illegal, when the resulting algorithms are substantially the same, it
gives significant rise to serious questions.

> Is there no way for a defendant to win once the battle hits the trial phase?

Only if the defendant has a viable defense, or the petitioner fails to make
their case strong enough.

> That IBM has not yet blocked the case is only evidence that IBM has not yet 
> blocked the case. It does not imply anything else.

That IBM was unable to block discovery, does however imply some
degree to truth to the claims as presented.

I don't believe IBM wants it's internal documents and staff subjected to
careful examinination just for the fun of it.

John