Ah, I think you're right about the OS/2 one. (I did some researching, and it seems like it actually might have been developed by MS, which I did not know. I knew there was some collaboration, but I thought it was only for the ability to run Windows apps natively in OS/2.)
> You guys need to find an example where one company offered licensing and the other simply refused to negotiate.
Part of the trouble with this, I think, is that prior to this case, nobody thought there was a need to license this, since it wasn't covered by copyright by any sane reading of the law. (And I still think it isn't, and the appellate court erred in overturning the district court.)