BIQ has provided a formal response to the Emptoris lawsuit. You can find it on BIQ's site. While the response is succinct -- and I would encourage everyone to read it -- I've quoted a few of the highlights below:
"BIQ unequivocally denies the allegations made by Emptoris in its press release of December 5, 2006, and we are confident that we will prevail in the courts .... BIQ intends to countersue aggressively, at the appropriate time, for abuse of process, malicious prosecution, and defamation ... We will continue to run our business as we have been, and we'll continue to introduce new and innovative spend analysis technology."
Spend Matters strongly encourages all potential customers of Emptoris and BIQ -- not to mention other spend visibility vendors -- to evaluate the respective products and companies on their own merits and to not let litigation get in the way of the right business decision. In my book, both vendors offer innovative but different solutions to spend visibility and analytics. While I cannot speak to the underlying code, I would say that BIQ and Emptoris have divergent philosophical approaches to helping companies identify savings opportunities through spend visibility initiatives.