Bonum Certa Men Certa

Here Come the Patent Infringement Suits (Updated)

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

Recent Techrights' Posts

Why the Media is Dying (It Sucks, No Mentally Healthy People Will Tolerate This for Long)
linking to actual news articles helps fuel the spam, too
Something is Happening at OFTC
It looks like it shrank by 20,000 users
GNU/Linux Usage in Guadeloupe Rises Closer to International Average, Based on Web Data Collected by statCounter
It should be noted that the estimates of GNU/Linux usage are now in 4.5% territories
 
[Meme] Twitter (X) Will Reject the Concept of a Female President
Twitter (X) is controlled by misogynists, who socially control (or socially-engineer) their fake concept of "media"
Second Family Photo of Julian Assange Since His Release (First Since His Birthday)
His wife shows the 4 of them for the first time (2 hours ago)
Protesters in Kenya Need Software That is Free (Libre) and Supports Real Encryption in Order to Avoid Capture and Torture (Sometimes Execution)
There's more to fight over than economic issues
The Ludicrous Idea That GNU/Linux is a "Poor Man's" Operating System
Seeing the trends in countries such an Norway, it ought to be abundantly clear that adoption of GNU/Linux has nothing to do with poverty
Links 22/07/2024: Internet Optimism and Kamala Harris Policies Debated
Links for the day
The Impact of OFTC's Latest Changes on the Perceived Scale of IRC Globally
IRC is still one of the more potent alternatives to the social control media conglomerates
New: Why They Really Went After Assange
Uploaded by Chris Hedges
Links 21/07/2024: Health, Politics, and Kamala Harris in Focus
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 21, 2024
IRC logs for Sunday, July 21, 2024
A Drop in Half (From 208 to 104): Sharp Decline in Number of Gemini Capsules That Use Let's Encrypt CA Since December
Gemini is increasing its independence from Certificate Authorities (CAs)
Gemini Links 21/07/2024: Last of Old Computer Challenge and Forth Language
Links for the day
Links 21/07/2024: Climate, Politics, and More Squashed Patents
Links for the day
Only a Quarter of Web Requests in Micronesia Traced Back to Microsoft Windows (It Used to be Well Over 95%)
Micronesia has over half a million people in it
Your F.U.D. is Already Showing, Microsoft
That talking point is quickly spreading so that CrowdStrike discussions become about "Linux" instead of Windows
Andrew Feinstein on Why Freeing Julian Assange is About the Freedom of the Press in General
Feinstein points out that truth itself is being challenged by people who value power, not truth, and typically seek to do things like sell arms and start proxy wars
In Palau, Windows Has Fallen to 16%
15 years ago Windows was at 98%
Gemini is Blossoming and More Capsules Are Self-Signing, Rejecting the Defunct and Falsely-Marketed Certificate Authority (CA) Model
Gemini is still very fast, not only because objects are lightweight but the protocol itself - i.e. the underlying logic - is as simple as it needs to be and only as complex as it must be
Gemini Links 21/07/2024: New Garden and New Gemini Arrivals
Links for the day
Links 21/07/2024: Extreme Heat and Fortescue Layoffs
Links for the day
GNU/Linux Lifted Up 0.03% Closer to 4.5% "Market Share" (or 50% More Than a Year Ago)
How many businesses and homes are permanently giving up on Windows after recent days' events?
Giving the False Impression That the R blogosphere is Microsoft's Microcosm
Curation that culls "astroturfing" isn't censorship but quality control for relevance
High Adoption Rates for GNU/Linux in Albania, According to statCounter
Albania has been a central point of some GNOME and diversity scandals
It'll Soon Be Half a Decade Since COVID-19's Breakout, We Still Need Verified Facts (Not Corporate Dogma) and Proper Media Reporting
COVID-19 has meant different things to different people
For the First Time, Microsoft's "Market Share" in North Macedonia Falls to Only a Quarter
Microsoft only has Windows
Evan Versus Julian
Published by Julian Assange's wife some hours ago
What The Internet Can Achieve When Put in the Hands of the Good People and Not Censored by the People Who Already Control the Mass Media
albeit Wikileaks put that in social control media owned and controlled by oligarchs
IRC Proceedings: Saturday, July 20, 2024
IRC logs for Saturday, July 20, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] Hate Speech
This is also what makes TikTok so dangerous
Shark-infected Water on the Web
Don't turn Gemini into another "Web"
OpenHarmony, HarmonyOS Next, Deepin, Kylin, and openKylin: How China's Various Manoeuvres Away From Windows Get Covered in the West
Kylin was openly based on Ubuntu
WikiLeaks Wonders: Major Leaks That Shook the Worlds
Published 14 hours ago
No Outage Here
Microsoft seems to have lost control of the narrative
Links 20/07/2024: Tesla's UK Lawsuit for 5G Patents Licence Thrown Out by UK Court, Censorship Examples Surface
Links for the day
Gemini Links 20/07/2024: Why Sleep Is So Important, Bot Problems Online
Links for the day
[Meme] Truth Hurts
"Saying that I physically assaulted women is 'defamation'"
Techrights Turns 18 in About 3 Months
Nothing can stop us
When (Software) Freedom is the Goal
Freedom of thought also
Expect Many More Microsoft Layoffs After the Latest Windows Outages (Bonus: More Media Says Microsoft Has Cut Half the Staff in Nigeria)
after the latest worldwide blunder we can expect many businesses to gradually ditch Windows
Microsoft Has Managed to Make GNU/Linux Users Scared of Updating Their GNU/Linux PCs (Thanks to UEFI 'Secure' Boot's Boosters!)
How many people know who's responsible for this mess?
Today GNU/Linux Broke All-Time Record in statCounter Again
Expect more people to hop over to GNU/Linux after the Windows fiasco
Joab Jackson and "The New Stack" Publishing Microsoft Spam (E.E.E. Against Linux) for a Payment From Microsoft
It's not a real news site
Links 20/07/2024: Patents on Software Squashed, Further Attacks on Independent News Sites
Links for the day
Links 20/07/2024: Shopping Mall in Southwestern China and New Health Crises
Links for the day
Microsoft/Windows Has Fallen Well Below 1% (Now 0.7%) in American Samoa
statCounter Sees Microsoft Windows at Below 1% in American Samoa
The Thelio Mega Is a Dual-GPU Linux Supercomputer
System76 sells many desktops and laptops built to run Linux. The company has now revealed its new high-powered Linux desktop, the Thelio Mega
[Meme] "System of a Down"
The latest international catastrophe kills people
Geminispace Growing and Getting More Free (Independent)
Because self-signed certificates are the way to go
Why Microsoft is Laying Off So Many People in Nigeria
Nigeria is a place Microsoft has lost
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 19, 2024
IRC logs for Friday, July 19, 2024
Gemini Links 20/07/2024: Gopher Catchup and Old Computer Challenge
Links for the day