Here Come the Patent Infringement Suits (Updated)
- Shane Coyle
- 2007-10-11 17:33:08 UTC
- Modified: 2007-10-12 15:44:29 UTC
Hmmm.... Ballmer Was Right?
Recently, in his most
recent FUD eruption regarding Red Hat and alleged Microsoft IP violations, the Microsoft CEO also implied that one day soon other companies would "go to the open source world".
That's why we've done the deal we have with Novell, where not only are we working on technical interoperability between Linux and Windows but we've also made sure that we could provide the appropriate, for the appropriate fee, Novell customers also get essentially the rights to use our patented intellectual property. And I think it's great the way Novell stepped up to kind of say intellectual property matters. People use Red Hat, at least with respect to our intellectual property in a sense have an obligation to eventually to compensate us. [emphasis ours]
There are plenty of other people who may also have intellectual property. And every time an Eolas comes to Microsoft and says, "Pay us," I suspect they also would like to eventually go to the open source world. So getting what I'll call an intellectual property interoperability framework between the two worlds I think is important.
Well, it appears that a company known as
IP Innovation LLC is now
filing suit against Red Hat and Novell, regarding a patent for "a User Interface with Multiple Workspaces for Sharing Display System Objects". Having adopted a no-look policy regarding spurious software patents, I cannot comment on any specifics (the patent number is below for the curious and masochistic).
IP Innovation LLC et al vs. Red Hat Inc. et al
Plaintiffs IP Innovation and Technology Licensing Corp. claim to have the rights to U.S. Patent No. 5,072,412 for a User Interface with Multiple Workspaces for Sharing Display System Objects issued Dec. 10, 1991 along with two other similar patents.
Defendants Red Hat Inc. and Novell have allegedly committed acts of infringement through products including the Red Hat Linux system, the Novell Suse Linex[SIC] Enterprise Desktop and the Novell Suse Linex[SIC] Enterprise Server.
"Red Hat's and Novell's infringement, contributory infringement and inducement to infringe has injured plaintiffs and plaintiffs are entitled to recover damages adequate to compensate them for such infringement but in no event less than a reasonable royalty," the original complaint states.
The plaintiffs also allege that defendants received notice of the patents, therefore the infringing activities have been deliberate and willful.
Plaintiffs are seeking an injunction from the court, increased damages and other relief that the court or a jury may deem just and proper.
T. John Ward Jr. of Ward & Smith Law Firm in Longview is representing the plaintiff.
The case has been assigned to U.S. District Judge Leonard E. Davis.
Case No. 2:07-cv-00447-LED
Now, I don't believe this is the first infringement suit that has ever been filed against Red Hat, but is this the leading edge of a new wave of litigation spurred on by Mr. Ballmer's repeated accusations? We'll have to wait and see, I suppose. In the meantime, can anyone think of any prior art for having 'multiple workspaces' in your GUI?
Update:
The folks at Groklaw have picked up the ball and started running on this one, so you can find
fairly comprehensive coverage of this suit and possible connections between the plaintiff (an Acacia subsidiary) and our friends from Redmond over there as well.
Comments
Shane Coyle
2007-10-11 19:06:51
Interestingly, comments are already implying that the MS-Eolas part of the deal will include an agreement that Eolas does indeed go after Red Hat et al. Of course, the comment is from Fake Steve Ballmer, so take it for what it's worth.
John Drinkwater
2007-10-11 20:35:20
Vexorian
2007-10-11 21:23:21
And microsoft, one microsoft toy has been doing this for ages.
Michael Parkatti
2007-10-12 02:27:12
http://www.humblenarrator.com/2007/10/09/microsoft-awarded-patent-for-latin-alphabet/
Slated
2007-10-12 02:43:52
http://www.google.com/patents?id=3tUkAAAAEBAJ&dq=5,072,412
Patent number: 5072412 Filing date: Mar 25, 1987 Issue date: Dec 10, 1991 Inventors: D. Austin Henderson, Jr., Stuart K. Card, John T. Maxwell, III Assignee: Xerox Corporation
If upheld, this could be a problem for anyone using the X Window System, since multiple workspaces is an inherent part of its design.
Why would they wait 16 years to assert their patent rights?
Isn't there some kind of statute of limitations on patents?
If these old Xerox patents (I'm sure there are many) are going to be asserted now after all these years, then you may as well wave bye-bye to all modern operating systems, since they are all fundamentally designed around Xerox's ideas. This of course includes Windows, GNU/Linux, OpenBSD, Solaris, and Mac OS X.
I really can't see this being upheld, somehow. It would be the end of every OS on the planet.
Slated
2007-10-12 02:53:35
Talk about an 11th hour bid!!!
OK, so what joker decided it would be a good idea to assert a patent that was about to expire?
Is this a joke?
Shane Coyle
2007-10-12 05:33:08
Shane Coyle
2007-10-12 05:41:10
vexorian
2007-10-12 17:19:51
Imho what's going to happen is that Novell will be VERY collaborative and willing to accept to pay royalties for this BS patent, the game will be make Red Hat play alone. The expected aftermath (for MS-Novell) would be to make Red Hat look like a rogue company that does not respect IP. And yes, thanks to Novell the case will be much harder to solve for Red Hat than before, probably Novell will rush in making a deal so there's precedent...
Laugh at the ridiculous theory all you want, I just hope Novell does not prove me right on this one. But if they do, then I hope nobody will argue to me whose side Novell is playing for.
Shane Coyle
2007-10-12 18:29:42
Steve Ballmer
2007-10-12 21:40:31
http://fakesteveballmer.blogspot.com
John Drinkwater
2007-10-13 14:26:09
Oh come on, this helps their case! The only outcome where MS loses is if the case is thrown out (and asap). They have been saying Linux needs to face up to respecting other’s IP. The whole reason they have been shit-stirring is for the media to take notice; then they get a smaller company to attack Linux again. (notice it is only two Linux companies - yet another MS indication, as they only understand duopolies)
Two things may happen imho:
Novell as MS-puppets: What’s the likelihood of Novell settling early, Novell gets to say they respect IP, and Microsoft tell everyone so - Novell is an honest mans Linux! Novell as a Linux company: They fight alongside Red Hat to curb this stupidness.
Just more FUD because SCO is no longer a burden to us.
Roy Schestowitz
2007-10-15 17:50:20