IBM’s settlement with Cambex Corp last week looks to have been only a partial victory – although it appears that the agreement may have been drafted in such a way that Cambex’s assertion that the $5.9m of memory is for Cambex’s benefit may not be true, and now Comdisco Inc reports that IBM Credit Corp has dropped efforts to have the Chancery Court in Delaware consider a preliminary injunction against Comdisco in its suit against the leaser.Comdisco has entered a motion for the suit to be dismissed. IBM said the decision not to proceed with its preliminary injunction request in no way means IBM will cease eff orts to prosecute Comdisco for alleged mis appropriation of IBM property and that the decision to withdraw the request for a pre liminary injunction reflects its desire to hasten an early trial when its requests for a permanent injunction and damages can be heard. In the Cambex settlement, it seems that Cambex understood that it was free to sublease the memory it has agreed to buy from IBM until the memory is needed to put machines leased by IBM Credit Corp back in to their original condition, and thereby recoup some of its $5.9m outlay, but there is now a query over that interpretation.
