Neon Enterprise Software has sued IBM in the Western District of Texas arguing that the mainframe computer giant has engaged in unfair competition in telling customers that they may not use a Neon software product. According to the complaint, mainframe customers with legacy systems are effectively locked into paying IBM large licensing fees. In recent years, IBM has sold newer systems purportedly without licensing fees. Neon claims that its software allow IBM mainframe users to shift legacy systems from the fee-bearing IBM systems to the newer, non-fee bearing systems. Neon claims that no intellectual property or contractual right justifies IBM in telling customers that they may not lawfully use the Neon software. IBM claims that Neon’s software offers no useful innovation and is equivalent to a homeowner tampering with the electric meter to lower its bill.