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Johnny's Seeds and Divine

Title: Johnny's Seeds and Divine
Here's an excerpt from the Johnny's Seeds newsletter, to save Rob the need to pass it along.
-Lon

Progress report

   -- The divine, Inc. lawsuit update.  Disappointed, this month we settled out
of court with divine, Inc.  I know, it's a bummer.  On principle we were inspired
to fight.  In late January, after our discussions with divine, Inc. had progressed
so far, our attorney advised us that we would be facing hundreds of thousands
of dollars of legal expense to continue in our attempt to prove either "prior
art," "non infringement" of the patent, or patent "invalidity."  Even tens of
thousands would have been a big burden for us.  The U. of Maine law school people
were helping us out at their own expense, but they had limited resources.  We
had not yet been successful in teaming up with other defendants, and we were
up against a court established deadline.
Part of the settlement is our agreement not to discuss the terms, including the
dollar amount.  However, I am allowed to say that, while the payment was, of
course, painful, it was modest enough so as not to harm Johnny's.  And it was
cheaper than for us to continue to invest our management attention, particularly
in the case of Bill Gallagher, Johnny's director of operations, who found himself
our protagonist, and who accomplished that role with care and talent.  Bill and
all of us can now give our full attentions to our seeds work.
Since last fall when I told you about this trouble, hundreds of you have written
with suggestions, names of contact people, and moral support.  I want to be sure
that you know how much we have valued your encouragement and guidance.  We are
truly fortunate to have such a clientele!  Thank you.
 
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