05.12.11

Gemini version available ♊︎

Bedrock Loses as Linux Emerges Victorious

Posted in Courtroom, GNU/Linux, Patents at 7:41 pm by Dr. Roy Schestowitz

Rock

Summary: Bedrock’s lawsuit against Yahoo! sinks like a rock. Here’s why.

NOT so long ago Yahoo joined the Linux Foundation, whose head has just said that “Software Patents invite Trolls,” based on Falk Metzler, who is a patent lawyer.

Well, on the same day we learn that “Yahoo won the Bedrock patent trial that Google lost”: [via]

There may be only one place in America where Yahoo is outperforming Google: the Tyler, Texas, courtroom of federal district court judge Leonard Davis, where a patent holding company called Bedrock accused both companies of infringing a Linux software patent.

On Tuesday Yahoo and its lawyers from McDermott Will & Emery won a jury verdict that Yahoo does not infringe Bedrock’s patent, which involves code for removing expired records while the operating system performs other operations. On April 15, a separate Tyler jury reached a contrary conclusion in Bedrock’s case against Google, finding that Google infringed the same patent and awarding Bedrock $5 million in damages.

To be fair, the Google verdict was hardly the windfall Bedrock and its lawyers at McKool Smith were hoping for. McKool lead trial counsel Douglas Cawley told jurors that Google had saved half a billion dollars as a result of its infringement of Bedrock’s patent. He asked for an award of $183 million and got only $5 million. But given the success Quinn Emanuel Urquhart & Sullivan has had in East Texas litigation for Google, it’s worth taking a look at why Yahoo got a flat-out defense win and Google didn’t — especially because McKool put on the same three Bedrock witnesses (the patent inventor, a damages expert, and a technical expert) in both trials.

First off, Bedrock had a stronger case against Google. Cawley put on evidence that Google used Bedrock’s Linux code on its servers (although Google got rid of the code before trial). Yahoo, on the other hand, used a different form of Linux, and its lead trial lawyer, Yar Chaikovsky and Fay Morisseau of McDermott Will, were able to argue that Yahoo never executed the Bedrock code.

Yahoo also benefited mightily from going to trial second. Chaikovsky and local counsel Jennifer Doan of Haltom and Doan were in the teeming throng of defense lawyers who sat through the Google trial in April, along with lawyers for co-defendants Amazon, AOL, MySpace, and SoftLayer. They got to preview Bedrock’s case and watch how Cawley of McKool Smith handled Google’s experts and its corporate witness, software engineer Lucas Pereira. That undoubtedly helped Chaikovsky prepare his witnesses. (McDermott was also smart to call Yahoo co-founder David Filo as his corporate witness — East Texas juries love hearing from top-level execs.)

For related posts about Bedrock, consider the following:

Soon we will find out how mobbyists will try to spin this after exaggerating the risk and pushing journalists to play along (following the preliminary Google ruling, whose outcome was dubious and can be overruled).

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 19/05/2022: PostgreSQL 15 Beta 1 and Plasma 5.25 Beta

    Links for the day



  2. A Libera.Chat Anniversary and Happy Birthday (Maybe the Last) to 'Leenode'

    What became known as the so-called ‘Leenode’ is a cautionary tale, but maybe it is also a blessing in disguise because IRC as a whole seem to have become a lot more decentralised (as everything should be)



  3. Links 19/05/2022: The Gradual Fall of Netflix/DRM

    Links for the day



  4. IRC Proceedings: Wednesday, May 18, 2022

    IRC logs for Wednesday, May 18, 2022



  5. Links 18/05/2022: Qt Company Loses Chief; OpenSUSE Leap Micro 5.2 and RHEL 9 Final

    Links for the day



  6. Jim Zemlin's Wife is Funded by Puppies (Microsoft)

    Jim Zemlin — like his wife — is bagging millions from Microsoft, but that’s clearly a conflict of interest for the Linux Foundation



  7. Links 18/05/2022: More Defections From WordPress to Gemini

    Links for the day



  8. Links 18/05/2022: PikaScript and cURL's Annual User Survey

    Links for the day



  9. IRC Proceedings: Tuesday, May 17, 2022

    IRC logs for Tuesday, May 17, 2022



  10. Phoronix: Microsoft and Phoronix Sponsor (and Close Microsoft Partner) AMD All Over the Place

    When you’re taking massive 'gifts' from AMD (and also some from Microsoft) maybe it’s not surprising that editorial decisions change somewhat…



  11. EPO Has No F-ing Oversight

    Earlier today SUEPO mentioned this new article demonstrating that EPO President António Campinos can very obviously and blatantly violate the Code of Conduct of the Office without facing any consequences; there are translations too, so the report is now available in four languages



  12. [Meme] Linux-Rejecting Foundation

    The Linux Foundation never really leads by example; by default, it uses proprietary software



  13. Linux Foundation Almost Never uses Open Source

    The Linux Foundation uses proprietary software (look where they hire and take money from) and be sure they're probably not even aware of it



  14. Links 17/05/2022: Many More Games on GNU/Linux, YaST Development Report

    Links for the day



  15. Links 17/05/2022: Rocky Linux 8.6 and Budgie Desktop in Fedora

    Links for the day



  16. Patent Examiners Rising Up Against EPO Abuse

    Unhappy with the law-breaking autocracy (the EPO‘s management breaks the law as a matter of routine), fast-deteriorating working conditions and rapidly-decreasing quality of work (or lack of compliance with the law), workers have escalated further, topping off strikes and industrial actions with a large-scale petition



  17. [Meme] What Managers (Really) Mean by Acting Professionally

    The myth of 'professionalism' needs to die along with the façade of conformity as prerequisite for employment (Linus Torvalds can work just fine in a bathrobe in his own home)



  18. Internal Poll: 93% of European Patent Office (EPO) Workers Are Unhappy With the EPO

    On top of strike/s and industrial action/s there are now also petitions; at the EPO, almost all staff is "disgruntled" because of utterly corrupt and defunct leadership



  19. Links 17/05/2022: OpenSUSE Leap 15.4 Release Candidate

    Links for the day



  20. IRC Proceedings: Monday, May 16, 2022

    IRC logs for Monday, May 16, 2022



  21. Links 16/05/2022: FreeBSD 13.1 and Inkscape 1.2 Released

    Links for the day



  22. Archiving Latest Posts in Geminispace (Like a Dated Web Directory But for Gemini)

    Earlier today we saw several more people crossing over from the World Wide Web to Gemini; we're trying to make a decent aggregator and archive for the rapidly-expanding Geminispace, which will soon have 2,500 capsules that are known to Lupa alone



  23. Microsoft Vidal Does Not Want to Listen (USPTO is Just for Megacorporations)

    Microsoft Vidal knows her real bosses. They’re international corporations (multinationals like Microsoft), not American people.



  24. Links 16/05/2022: China Advances on GNU/Linux and Maui 2.1.2 is Out

    Links for the day



  25. Jim Zemlin: Chief Revenue Officer in 'Linux' Seat-Selling Foundation

    Board seats in the Linux Foundation are basically a product on sale, based internal documents



  26. Reminder: Linux Foundation's Last IRS Filing is Very Old (Same Year the CFO Left)

    People really need to ask the Linux Foundation, directly, why its filings are years behind; this seems like a sensitive subject



  27. Linux Foundation Does Not Speak for GNU/Linux Users

    There's a serious problem in the "Linux" world as the so-called 'Linux' Foundation claims to speak for us (the GNU/Linux community) while in fact speaking against us (on the payroll of those looking to extinguish us)



  28. IBM's Lennart Poettering on Breaking Software for Pseudo Novelty

    Recently-uploaded ELCE 2011 clip shows a panel with Linus Torvalds, Alan Cox, Thomas Gleixner, Paul McKenney, and Lennart Poettering (relevant to novelty or perceived novelty that mostly degrades the experience of longtime users, e.g. Wayland and systemd)



  29. IRC Proceedings: Sunday, May 15, 2022

    IRC logs for Sunday, May 15, 2022



  30. Links 15/05/2022: Linux 5.18 RC7 and Calls for More Mass Surveillance

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts