Nuance had accused ABBYY Software House of infringing three of its patents and mirroring its packaging. Both companies market software that uses optical character recognition technology, or OCR, to convert scanned images of text so they can be searched and edited digitally. Represented by a team of lawyers from Morrison & Foerster and Wilson Sonsini Goodrich & Rosati, Nuance argued that ABBYY's FineReader was little more than a copy of its signature product OmniPage. The Burlington, Mass.-based company also sued Lexmark International Inc. for its use of ABBYY's products and sought more than $100 million in total damages from the two companies. Nuance did not prevail on any claims in Nuance Communications v. ABBYY Software House, 08-0912. MoFo partner Michael Jacobs, who is co-lead counsel for Nuance with fellow MoFo partner James Bennett, declined to comment.
Their idea of an offer you can't refuse is an offer... and you'd better not refuse.