[patrickaljord]

> because he makes nothing

He does license patents, if IBM can prove one the licensed patent is based on one or more IBM patents, they could counter sue.

[kreneskyp]

as i understood it you can patent improvements on patented technology even if you don't hold those patents. You just can't ever use your improvements without a license.

If that really is true, then Paul Allen isn't infringing, the people who are licensing from him are.