I'd just like to express my opinion on the lawsuit issue thus far. I have witnessed NI's strong-arm tactics in the past re: LabVIEW patents and have not always been happy about them. However, I don't believe this battle is really about Softwire or LabVIEW at all.
Clearly, Softwire is not really a danger to NI. However, MCC's hardware products are. The first time I received one of MCC's advertisements comparing NI's DAQ hardware to their own my initial reaction was "I wonder when the lawsuit is coming". Not only did MCC copy most of NI's PCI boards exactly, they went so far as to give them similar model #'s, then brag about how it was the same hardware, just a few hundred dollars cheaper. While this may ultimately benefit us customers by bringing down the price of DAQ boards, it was, I believe, a low blow on MCC's part, and something NI would be sure to want to challenge in court.
I am not a patent lawyer and thus have no legal expertise to base the following statement on, but I'll make it anyway. I think NI's goal here is more about punishing MCC than eliminating Softwire. It is probably easier for NI to win in court with the LabVIEW patent (given lots of precedent due to NI's previous LabVIEW wins) than with their hardware patents. If you read Pete Zogas' (NI VP) statement earlier in this thread you will notice that he alludes to MCC copying NI's hardware. This is the real basis for this legal battle. After all, software is not where the big profits are for either company.
:beer: