Bonum Certa Men Certa

Rackspace and Red Hat Battle Against Vile Troll ('Uniloc USA') Can Help Weaken Software Patents in the US

Rack



Summary: Rackspace helps beat software patents, with additional help from Red Hat

THE EFF is happy with the outcome of a trial that Dietrich Schmitz covered on Friday. "Luckily for the defendant," he said, "the judge ruled early on before the case got under way and was saved a substantial sum in litigation fees for fighting a frivolous lawsuit." But the main point here, patents got thrown out for being reducible to math, just like all software patents. This is major.



Here is an article about the decision:

Today was a big day in patent law, which is important to anyone who thinks they might one day have an original idea for a product, and wants to protect it. In particular, if that idea involves an algorithm or software.

First, a federal judge in the Eastern District of Texas threw out a claim against cloud storage company Rackspace, stemming from a 2012 complaint filed by Uniloc USA. The case, according to a TechCrunch report, asserted that the “processing of floating point numbers by the Linux operating system was a patent violation.” In other words, a processing method, or counting method, might be the exclusive property of Uniloc.


Here is other good coverage and some from the SFLC:

Several times in recent years, opponents of software patents have looked hopefully to Congress and the Supreme Court for a solution to the expensive problem of software patents, and several times we've been disappointed. The narrow Bilski v. Kappos ruling invalidated one business method patent but left the question of software patents to one side, and even arguably weakened a rule—the "machine-or-transformation" test—intended to limit the scope of patentability. The reforms of the America Invents Act were half-hearted; they provided additional opportunities to challenge patents at the USPTO, but did not fundamentally affect the rules for patenting software.

Despite these missed opportunities, there are signs of slower but consistent reform in the courts, and yesterday's ruling in the Eastern District of Texas in Uniloc v. Rackspace is one of them. The Uniloc ruling is about as good as it gets for a defendant in a software patent case: the judge dismissed the case at an early stage on the grounds that the claim at issue described an unpatentable mathematical formula.


LWN wrote about this and Mark Webbink, formerly of Red Hat, covered this in Groklaw. Many correctly call Uniloc a patent troll, including this headline:



A patent troll that accused Rackspace of violating a patent merely by selling Linux-based servers has seen its case thrown out. A judge ruled the patent claim invalid because it describes a relatively simple math operation.

The company in question is Uniloc, which has a long history of suing tech vendors. In 2009, a US District Court judge overturned a $388 million verdict Uniloc had won against Microsoft. That litigation was finally settled late last year for an undisclosed sum. Uniloc continues litigating however, with at least a dozen lawsuits filed just last week.

Uniloc sued Rackspace in June 2012 in US District Court in Eastern Texas (PDF), claiming Rackspace violated its patent "by or through making, using, offering for sale, selling and/or importing servers running Linux Kernel (version 2.6 or higher), which is used to process floating point operations carried out on Rackspace’s servers including those servers used in conjunction with Rackspace’s hosting solutions/products."


The fight of Rackspace against patent troll Uniloc is not Rackspace's only battle against software patents, as was covered here before. Here is the press release about the outcome:

Plaintiff Uniloc USA, Inc. is a frequent litigator, having brought patent lawsuits against many high-tech companies including Adobe, Microsoft, Sony and Symantec. Rackspace provides its customers with managed servers running the Linux operating system. Red Hat, which supplies Linux to Rackspace, provided Rackspace's defense as part of Red Hat's commitment to standing behind customers through Red Hat's Open Source Assurance program.


Here's more:

Red Hat, Inc. (NYSE: RHT) and Rackspace Hosting, Inc. (NYSE: RAX) announced that they have won a federal court decision granting early dismissal of all claims in a lawsuit brought by the patent assertion entity Uniloc USA, Inc.

Plaintiff Uniloc USA, Inc. is a frequent litigator, having brought patent lawsuits against many high-tech companies including Adobe, Microsoft, Sony and Symantec. Rackspace provides its customers with managed servers running the Linux operating system. Red Hat, which supplies Linux to Rackspace, provided Rackspace’s defense as part of Red Hat’s commitment to standing behind customers through Red Hat’s Open Source Assurance program.


The press release calls Uniloc plaintiff rather than troll. How polite. "Uniloc USA, Inc." is not a company, this is a façade. Here is a good article from a FOSS news site:

Red Hat and Rackspace have won the court battle with patent troll Uniloc USA, Inc. The company alleged in its complaint that the processing of floating point numbers by the Linux operating system violated U.S. Patent 5,892,697. A federal court decision had granted an early dismissal of all claims in a lawsuit brought by Uniloc USA, Inc.


This bit of news got heaps of coverage (here is some in German), probably more than coverage of Red Hat's financial results. Let's hope this case has maximal impact on US law.

Recent Techrights' Posts

Traf-O-Data, the Company That Jeffrey Epstein's BFF (Bill Gates) (Co)Founded 53 Years and Went Out of Business Due to Heavy Losses
Who will die first, Bill or Microsoft?
A Note on SimilarWeb
Or why SimilarWeb is meaningless for more than 99% of the sites on the Web
IBM Said to be Shutting Down Offices or Sites in the United States
the press can no longer avoid admitting that IBM moves many jobs to India
LLM Slop as Attack Vector on the Reputation of Linux
The attacks on Linux have escalated to information warfare
 
Links 04/04/2025: LLM Slop Bubble Bursting and Korea Music Copyright Association Bans Slop 'Music'
Links for the day
Why Microsoft's Shares Sank Almost 20% in Recent Months (the Bubble is Imploding)
verified press reports from the past 24 hours
GNU/Linux Rises to Almost 5% in Algeria While Windows Sinks to All-Time Low
GNU/Linux grew tenfold
Where to Get More Gags
A valued reader recommended that to us
Links 04/04/2025: Tech Stock (Inc. GAFAM) Fall, Google Pretends to Do End-to-End Encrypted Emails (With Google in Control)
Links for the day
To Participate in Fedora Diversity You Must Use Proprietary Software
Not for the first time either
Yandex About to Be Three Times Bigger Than Microsoft (Bing) in Asia
That's about 60% of the world's population
Gemini Links 04/04/2025: Decoupling Updates, Elaho as Gemini Client
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 03, 2025
IRC logs for Thursday, April 03, 2025
Microsoft's Trouble in Africa and Asia
A new all-time high for GNU/Linux
Brett Wilson LLP Reported to the Solicitors Regulation Authority (SRA)
The saddest thing in all this is that law firms can maintain high standards shall they wish to
Links 03/04/2025: Tariff Pains and C.D.C. Cuts
Links for the day
StatCounter: Microsoft is Masking a Disaster, It's Way Behind DeepSeek Already and Interest in LLMs Has Waned
it turns out the money "raised" for "Open" "AI" may not even exist at all
Links 03/04/2025: SoftBank Money for Microsoft "Open" "AI" Probably Doesn't Even Exist, Wikimedia Foundation Blasts LLM Nuisance While Microsoft Admits Demand Has Shrunk
Links for the day
Gemini Links 03/04/2025: Patch Panel and Pictures
Links for the day
Islamic Republic of Iran: GNU/Linux at All-time High This Month, Windows Falls to 12%
Vista 10 is up this month despite being "end of life" (EoL) soon
Indonesia: All-Time Highs for GNU/Linux
What's noteworthy right now is the growth of GNU/Linux
statCounter Says GNU/Linux Usage is Up Again (Internationally)
some preliminary April data
Only on April 1st Can the Free Software Foundation Associate With Microsoft's Open Source Initiative (OSI)
We saw some pranks that day linking the FSF to Microsoft (e.g. "endorsing" Windows)
Confirmed in the Mainstream Media: A Lot of Microsoft "Workloads" Were Just LLM Slop (Helping to Fake Growth for Years, as Microsoft Had Paid "Open" "AI" to Become a "Client") and Demand is Rapidly Waning, Datacentres Canceled and/or Shut Down
Anything to facilitate further accounting fraud
Taiwan's Media Covers Closure of Microsoft's "AI" Lab, It's Time to Talk About the Gradual Death of Windows and Implosion of the "AI" Bubble
Earlier this week we showed that mostly Asian media had the 'nerve' to mention Microsoft silently shutting down its 'AI' lab
IBM Gets Rid of Kelly Chambliss as Mass Layoffs Reported in IBM Consulting, IBM Loses Key Contracts/Graft
IBM Consulting has been in disarray lately
More Gains for GNU/Linux, Based on Web Surveys
the Steam site shows rapid growth for "Linux" this month
Slopwatch: Anti-Linux Articles, Not Even Written by Humans
Why aren't Web sites more vocal about this problem?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 02, 2025
IRC logs for Wednesday, April 02, 2025
Links 03/04/2025: Apple Fined Over Secret Surveillance, "Elegant Writer For A More Civilized Age"
Links for the day
Gemini Links 02/04/2025: Books and Cold Tea
Links for the day
Links 02/04/2025: More Layoffs, Nokia Again Takes Advantage of Illegal and Unconstitutional Patent Court With Nokia Staff as 'Judges'
Links for the day
Links 02/04/2025: Seizures and Returns to Windows of 24 Years Ago
Links for the day
LLM Slop Helps Obscure and Distort News About Layoffs (IBM, GAFAM)
It's hard to find accurate information
Links 02/04/2025: Microsoft Developers Are Threatening to Go on Strike, World Backup Day Noted
Links for the day
Gemini Protocol Has Growing Appeal (the Web Got Too Bloated and Full of LLM Slop)
For any "data plan" with bandwidth limits or "tiers" it would be cheaper to use/browse Geminispace
The Web Can Survive LLM Slop, But Only If We Collectively Shun and Discourage Serial Sloppers
Doing nothing ought not be a possibility
Amid Secret Shut-downs and Mass Layoffs at Microsoft (4 Waves of Layoffs in 3 Months of 2025) Some Microsoft Staff Expected to Go On Strike
workers going on strike
Gemini Links 02/04/2025: No more on Mastodon and Gemini Mention Script in Go
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 01, 2025
IRC logs for Tuesday, April 01, 2025
My Motion Disbarring or “Striking Off” Brett Wilson LLP for Enabling Violent Americans Who Try to Crush Microsoft Critics in the United Kingdom by Multiple SLAPPs
"Guns for hire" (for Microsoft people who received Microsoft salaries)
The U.S. Patent and Trademark Office Hijacked Again by Patent Litigation Industry, as President Cheeto Prioritises Aggressors
The "mafia" has taken over the "industry" and the Federal system (justice and constitutions trampled upon)
Ubuntu Slop and FUD Manufactured With LLMs and Funded (by Oneself) 'Studies'
Slop and FUD are ruining the Web