PORTLAND, ORE. (CN) - IBM sold Harry and David Internet commerce programs that IBM knew violated patents owned by NCR and Charles E. Hill & Associates, and when NCR and Hill predictably sued the catalog fruit merchant for violating those patents, IBM breached contract by refusing to defend Harry and David, the company claims in Federal Court. Harry and David claims IBM defrauded it by selling it the infringing programs after IBM had been sued for its patent violations.
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