Novell and RedHat Linux vs IP Innovation LLC: Was Ballmer right?

A good read from Groklaw, it goes on about the the current filed Patent Infringement Claim put forth by IP Innovation LLC. Patent Infringement Lawsuit Filed Against Red Hat & Novell – Just Like Ballmer Predicted IP Innovation LLC has just filed a patent infringement claim against Red Hat and Novell. It was filed October 9, case no. 2:2007cv00447, IP Innovation, LLC et al v. Red Hat Inc. et al, in Texas. Where else? The patent troll magnet state. The first ever patent infringement litigation involving Linux. Here’s the patent, for those who can look at it without risk. If in doubt, don’t. Here’s the complaint [PDF].

A good read from Groklaw, it goes on about the the current filed Patent Infringement Claim put forth by IP Innovation LLC.

Patent Infringement Lawsuit Filed Against Red Hat & Novell – Just Like Ballmer Predicted
IP Innovation LLC has just filed a patent infringement claim against Red Hat and Novell. It was filed October 9, case no. 2:2007cv00447, IP Innovation, LLC et al v. Red Hat Inc. et al, in Texas. Where else? The patent troll magnet state.

The first ever patent infringement litigation involving Linux. Here’s the patent, for those who can look at it without risk. If in doubt, don’t. Here’s the complaint [PDF].

And now let’s play, where’s Microsoft? You know, like where’s Waldo? Betcha he’s in the tree’s leaves somewhere if we look close enough. We had our first hint when Steve Ballmer said in his speech the other day that he figured other folks besides Microsoft would want Red Hat and FOSS to pay them for their patents. Remember? Is he a prophet or merely well informed? Or is there more to this? When I lay out all the research, you can decide.

Now lets look at the juicy bits of the actual Infringement Claim:

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 Enterprise Desktop and the Novell Suse Linex 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.


Did you like this article?


0 Shares:
You May Also Like

10 Ways To Speed Up Digg

Have you found Digg slow during the peak hours? Well peertopress.com has a top 10 for Kevin Rose on how to speed up Digg. The article was put on Digg's front page, and the comments left on peertopress.com website are pretty hilarious.
Read More

It All Comes Together: Laptop roundup

It All Comes Together: Laptop roundup -

[LifeHacker]
Read More

Notepad++ v4.1 released

Notepad++ v4.1 released - Notepad++ is a free generic source code editor (and Notepad replacement), which supports several programming languages, running under the MS Windows environment. The version 4.1 is available. In this release not only the interface of Find in files dialog is improved distinctly, but find, replace and find in files dialogs are now 3 in 1. The version 1.73 of Scintilla include the CMake lexer. And just by chance, I worked a lot with CMake recently at work, so I updated Scintilla from v1.71 to v1.73, and supports the language of CMake. CMakeLists.txt is also available for the source code of Notepad++ (in "src" directory). It's tested only with the generation of VC project file, but not with the generation of MinGW makefile. 3 new plugins are added in this release : SpellChecker, NppExec and QuickText. SpellChecker help you to corect the tipos in your document. You should have aspell instaled to make it work. With NppExec plugin you can execute your commands or saved scripts without leaving Notepad++. It makes you triple your productivity! QuickText is a snippet manager. Once you define all your snippet in you beloved language, type the macro keyword then Ctrl+Enter - I can hear you say "wow". Another new feature is the clickable URL (http only). It's rather a gadget, but I like it. v4.1 fixed bugs and added features (from v4.0.2) : 1. Fix the crash issue while saving settings on quit. 2. Fix the crash issue while using the command line with one launched Notepad++ instance. 3. Enhance Find in files feature : * Improve Find in files user interface (more intuitive). * The search result (also for find in all opened files) is docked on the bottom of Notepad++. * Recursive search is optional. * Search result is collapsable by file. * User defined keywords for search result. 4. Add tabbing interface in Find dialog : Find/Replace/Find in files 5. Add clickable URL http link feature (double click to trigger). 6. Add cmake language support. 7. Add mark all without launching Find dialog (Ctrl+M). 8. Fix the ROFL (Recent Opened File List) bug : try to open a non-existing file from ROFL, the full file path doesn't be removed from ROFL. 9. Enhance the backup feature : in verbose mode, the file will be backed up in .\nppBackup directory. 10. Update Scintilla component to v1.73 For further information about this project, see : http://notepad-plus.sourceforge.net/ and the project page : http://sourceforge.net/projects/notepad-plus/ Don

[SourceForge]
Read More