Comdisco Inc has won a minor victory in IBM Corp’s lawsuit against the company over the alleged counterfeit memory boards in that it has reached a negotiated agreement with IBM under which it will change its leasing practices, and the agreement has been approved by the court, so becoming a court order. Under it, Comdisco agrees that in connection with the sale, lease or other marketing of computer memory boards, it will not represent that any memory boards have been manufactured by IBM, have been maintained by IBM in their present form or that Comdisco believes the memory cards are eligible for IBM maintenence unless those representations are true. Comdisco said it will also label and disclose that the memory board was not made or maintained by IBM in its present form, or that it is eligible for IBM maintenance. It will also promptly notify IBM and any customers it has provided with inaccurate information of the inaccuracies. The agreement removes any doubt customers might have about doing business with Comdisco as a result of the suit, and has no impact on Comdisco’s current practice – but it does not settle the suit: IBM is continuing to press for damages, and also said it is continuing its investigation of other parties that it believes have sold counterfeit IBM memory boards to customers.
