- 122 - accounts as Norwest. Indeed, some providers processed as many as five times more. Mr. Teixeira found that Norwest's development of the Trust Payment system did not result in any new or unique functions or technology to the industry, and that commercially available software offered comparable functionality. He concluded that the technologies used in developing the system were well established in the banking industry and were familiar to Norwest personnel. We agree with respondent that the development of the Trust Payment system does not constitute qualified research. Although technical risks arose in the development process, those risks were limited and did not involve substantial uncertainty that Norwest's investment could be recovered within a reasonable period of time. The technical risks were clearly solvable: the only issue to Norwest was whether they could be solved in time so as to maintain or advance Norwest's competitive standing in the trust service provider industry. Indeed, Dr. McDermott admitted this when he reported: The key point to repeat here is that the risk to Norwest was that a project would be delayed because of technical uncertainties. Even if a project could clearly be done eventually, the results might be useless if they came too late. The cost to Norwest would be wasted development effort, inefficiency in using old solutions, and backwardness with respect to their competitors. It seems clear that in the case of * * * [the Trust Payment system] these risks were real, and actually materialized, although not to the extent that the project failed altogether.Page: Previous 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 Next
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