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commercial banking industry between 1986 and 1991 on
routine data processing implementation. Norwest, as a
result of the work performed within the claim, developed
no approaches or components that were conceptually or
fundamentally different from those already in use within
the banking industry.
In its report, the Tower Group stated that nothing Norwest
developed could be considered unique because Norwest already
possessed the necessary information.54 The Tower Group report also
stated that three factors determine whether a banking software
application is unique: Product (e.g., checking account, credit
card), channel (e.g., bank branch, ATM), and volume. Mr. Teixeira
asserted that Norwest did not offer any products or services that
were unavailable in the banking industry, and the volume of
transactions was typical of banks of Norwest's size.55
Consequently, Mr. Teixeira insisted that Norwest had numerous
sources from which it could learn about software applications, and
that any uncertainties Norwest faced were unique to it but not to
the banking industry.56
54 According to Mr. Teixeira, the sources of this
information are vendors, consultants, conferences, and
newsletters.
55 Mr. Teixeira stated that Norwest was never a top 15
bank (in terms of asset value) but fluctuated between 17th and
33d. Banks such as Citibank, Chase Manhattan, Wells Fargo, and
Security Pacific were all two to three times larger than Norwest.
Citibank had total assets of approximately $220 billion in 1991,
while Norwest's total assets reached approximately $40 billion in
1991. In this regard, Norwest's transactional volumes never
reached the levels of the larger banks'.
56 Mr. Teixeira opined that, on the basis of the channels,
(continued...)
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