Neon Enterprise Software has filed a lawsuit in Austin Division of the United States District Court for the Western District of Texas, accusing IBM that it is preventing System z mainframe owners from using Neon zPrime.
Neon alleges that IBM has violated the Lanham Act and state unfair competition laws and that IBM is liable for business disparagement and tortious interference with prospective contracts.
Neon zPrime is a software product that enables IBM System z business application workloads, IMS, DB2, CICS, TSO/ISPF and batch, to run on IBM’s zIIP and zAAP specialty processors.
The company said in a statement: “Consumers throughout US, and the world, would benefit from the dramatic reduction in the cost of processing workloads on mainframe computers that is made possible through the use of zPrime.”
Neon said that it is seeking to recover actual and enhanced damages, disgorgement of IBM profits, a declaratory judgment and reasonable and necessary attorneys’ fees.
In addition, the company has also sought a declaratory judgment with respect to claims made by IBM concerning the characteristics of zPrime.
