TOCS patent not Reqd for MS4

Dean,

Millennium Solutions has up to now tolerated the mis-information and false
statements being generated by Unbeaten Path International (UPI) and an
individual, Nicola Maurer, promoting Unbeaten Path, in its efforts to
unfairly compete in the Y2K remedition  market.  However, we are reaching a
limit as to what we can and should have to tolerate from UPI as it
proselytizes regarding the virtues of patent protection afforded its Y2K
product under certain patents owned by Turn of the Century Solutions
(TOCS).

In its repeated e-mail and web broadcasts, UPI (and apparently TOCS) imply
or expressly assert that they own the patent on ''the 28-year repair
technology".  In fact, there are several versions or types of 28-year
repair methodologies. See for example The Fifth Millennial Maintenance
Conference, September 22, 1995, presentation by Paul O

’Neil of Raytheon
Company, which describes one such 28-year repair methodology.  Not all
28-year repair methodologies are covered by the TOCS patent(s).  Some, in
fact, were known well prior to the filing of the TOCS patent(s) and
therefore cannot be and are not covered by the limited claims of the TOCS
patent(s).  To the extent that UPI or TOCS suggest that any 28-year repair
methodology is covered by the TOCS patent(s) and therefore requires a
license under the patent(s), THEY ARE WRONG.

In its mis-information campaign UPI states that 'The 28-year methodology is
often referred to in trade magazine articles as the "encapsulation"
approach'. UPI apparently suggests that "encapsulation" as a concept is
covered by the TOCS patent(s) licensed by UPI.  In fact, the patents do not
cover the broad concept of encapsulation.  Data encapsulation and program
encapsulation, for example, are two different encapsulation concepts.  The
TOCS patents cover only a particular version of "program encapsulation".
Do not be confused by labels or led to believe that any and every
"encapsulation" methodology is covered by TOCS’ patents and requires a
license.  Purchase of a "licensed" implementation may only mean that you
are paying a higher price for a product that has no performance advantages
over competing alternatives (and may indeed be inferior).

In its mis-information campaign UPI further asserts on its website that
Millennium Solutions "has sold an AS/400 Y2K repair tool called MS4 which
uses the patented 28-year encapsulation approach".  Again, UPI is WRONG.
UPI has absolutely no factual basis for making such an assertion.  They do
not understand (or as competitors, choose not to acknowledge) the various,
common critical distinctions between MS4 product and the "patented" TOCS
concept.

Millennium Solutions is a vendor of a 28-year remediation implementation
that does NOT require a license from TOCS.  It is the global market leader
for Y2K remediation in the AS/400 market and has installed MS4 in over 700
companies around the world. For further information regarding MS4, contact
Manus Bray, Managing Director at Millennium Solutions. (+353-1-4035414).
For further information regarding the TOCS patents and pending litigation
involving Millennium Solutions and TOCS contact Brian L. Michaelis, Senior
Counsel, Intellectual Property or James Stoll, Esq. Attorney at  Law,
Brown, Rudnick, Freed & Gesmer, Boston MA. (617-856-8262)

Regards,

Manus Bray,
C.E.O.
Millennium Solutions.
Millennium Group,
Citywest Business Campus,
3010 Lake Drive,
Saggart,
Co. Dublin,
Republic of Ireland.
Telephone :    +353 1 403 5400
Fax :   +353 1 466 0052
email : info@ms400.com