Fud and IBM
Frankly I do not know if IBM's move is FUD or not. Although I would guess it is not as I am sure IBM has thought of this possibility before they offered the "product". I am sure that they had the legal people working for months and trying to cover every possibility. IBM may be many things but they are not stupid.
NEON is in a tenuous position as far as I am concerned. If this were CA IBM might not have taken this tact. Neon is frankly a pimple and although a PITA it will be dealt with with proper legal and other methodologies.
I am not rooting for either other than to say a company as small as NEON should be put out of its misery quickly.