The reference to VDK2 as used in A-13-678054-B is confusing.
"The PVS/SGI Code also known as the VDK 2.0 Code (the "Code")" refers to the 2000 ISI/DFI "PVS/SGI Source Code License" which is quite difference than the entire VDK2 core used in all versions of licenses.
"PVS/SGI Source Code License" is for a version of VDK2 source code intended for IBM PVS multi processor super computers that ran on the IBM AIX UNIX operating system.
In 1994 TMMI licensed VDK2.1 which is a version of VDK2 that runs on i386 Intel computers.
A-13-678054-B is limited to the contents of the 2000 ISI/DFI "PVS/SGI Source Code License". Dimension's claims can not exceed these limitations, as much as they have tried to insinuate in the past.
Over the years, TMMI's licensing rights for ISI fractal technology have been slandered by certain individuals who contacted multiple potential TMMI clients making fraudulent claims that TMMI didn't own any rights.
I can assure you the 2000 $500,000 ISI/DFI license did not cover $5,000,000 worth of previous licenses already granted by ISI to TMMI for other hardware platforms. ISI did not unload the "PVS/SGI Source Code License" to some unrelated third party, it was always meant for TMMI/DFI in lieu of the millions previously paid, including the use of expensive IBM PVS super computers the code was developed on.
VDK3 is a derivative of VDK2.1. TMMI can call this derivative anything they want and it does not require a separate license since the related source code is already covered by the VDK2.1 license.
In 1996 when TMMI emerged from bankruptcy it issued a news release about an agreement with Advanced Multimedia Concepts Inc., ("AMCI") to carry of development of this code.
In 2012 TMMI announced Dr. Alan Sloan had joined the Company's newly formed Advisory Board at the same time their new development lab was being setup.
The lawsuit in 2013 was not just about "PVS/SGI Source Code License", it was to stop Dimension's interference in TMMI's business. Dimension attempted to patent ISI's prior art that covers TMMI's VDK2.1 and other licenses. Dimension shareholders posted messages in various public forums claiming Dimension owned new patents on VDK2 and TMMI would be in violation of those patents and would have to pay royalties. It no surprise TMMI launched the litigation against this extortion.
TMMI's VDK 2.1, 2.2, 2.3 and 2.4 licenses have nothing to do with DFI which is probably why they never made their way into the factual record. The litigation was based on TMMI's claim that a legal merger between DFI and DFMI never was consummated, and legally DFI is still the owner of the "PVS/SGI Source Code License".
Once again, The context of "VDK2" in A-13-678054-B is a label applied to the restricted "PVS/SGI Source Code License" for IBM PVS super computers. It does not apply to previous licenses ISI issued for other hardware platforms.
Details regarding the ISI/DFI "PVS/SGI Source Code License" were discussed in these forums years ago. This should all be well understood by now.
