why wait until now to claim that Microsoft is infringing on their patents?
... before cases like Bilski and others set precedence invaliding software patents.
One of the reasons the TomTom counterclaim against Microsoft was filed in Viginia is that the district court has been nicknamed the "rocket docket" when dealing with litigation. TomTom wants to force Microsoft's hand since an unprepared defendant or a well prepared plaintiff in the Virginia district court most of the time will walk away victorious.
Microsoft opened the flood gates since it's now going to be defending against anyone with some type of claim because the army of lawyers appear to be assembling with regards to Microsoft v. TomTom. It's better for BackWeb Technologies to strike now before it's too late.
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