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[News] Linux Foundation Denounces Microsoft for Attack With Software Patents

  • Subject: [News] Linux Foundation Denounces Microsoft for Attack With Software Patents
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Fri, 07 May 2010 18:30:31 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.4.2
Hash: SHA1

Google Comments On Microsoftâs Efforts On Android and Linux

,----[ Quote ]
| Google at this time simply said âno commentâ 
| on Microsoftâs efforts to profit from their 
| Android spin on Linux. But then Jim Zemlin, 
| executive director of The Linux Foundation, 
| explained about this Microsoft action, âThis 
| is a classic from the Microsoft FUD 
| playbook. A confidential agreement where few 
| terms are disclosed, vaguely referring to an 
| operating system that is beating Microsoft 
| in the market. Microsoft is once again 
| demonstrating that it will attempt to use 
| patents to muddy the waters about the 
| viability of any competitive platform in 
| order to maintain its Windows franchise. 
| Unfortunately for Microsoft, Linux is 
| clearly leading in the mobile space and 
| developers will see this news for what it is 
| and choose to innovation open platforms as 
| opposed to developing on locked-down 
| operating systems from patent-wielding 
| dinosaurs.â


Red Hat and Novell win patent fight

,----[ Quote ]
| Novell, by the way, appears not to have 
| commented on this win in a press release. 
| Update: One of Novellâs PR representatives 
| contacted me.  He agreed that Novell hadnât 
| sent out a release on this topic.  They did, 
| on the other hand, publish something on 
| their PR blog about this (see 
| http://www.novell.com/prblogs/?p=2406 for more information.)
| As an aside, this approach to releasing 
| information doesnât work very well unless 
| all of the intended recipients come around 
| and visit the blog from time to time.  Since 
| weâre tracking well over 100 virtualization 
| suppliers and well over 200 cloud computing 
| suppliers, visiting all of their blogs would 
| be a huge investment in time and effort



Novell, Red Hat win verdict in Linux case

,----[ Quote ]
| Red Hat Inc. and Novell Inc. won a verdict
| in a case brought by a Texas company that
| claimed their Linux-based products infringed
| patents for ways to share icons across
| computer workstations.


Red Hat wins patent court fight

,----[ Quote ]
| Red Hat has won a legal fight with a small
| Texas company that claimed the Raleigh-based
| software maker infringed on its patents.


The Ticker

,----[ Quote ]
| Walthamâs Novell and Red Hat of Raleigh, N.C.,
| won a federal verdict in a case brought by a
| Texas company that claimed their Linux-based
| software products infringed patents for ways to
| share icons across computer workstations.


Federal Circuit Judge Rader Takes Tech Suits in Texas

,----[ Quote ]
| Already this month, Rader has dismissed one
| patent case against Google and Yahoo on
| summary judgment and trimmed back damages
| theories in a lawsuit against Red Hat and
| Novell. These are somewhat unusual rulings
| for the Eastern District of Texas, which
| historically has not killed as many patent
| cases on summary judgment as other venues.
| [...]
| â In IP Innovation v. Red Hat, another case
| also involving plaintiff IP Innovation, this
| time against Red Hat and Novell, Rader made
| a statement on the hot button issue of
| damages in patent cases. The judge
| questioned the plaintiff expert's use of the
| "entire market value" rule, which calculates
| damages based on a percentage of total sales
| even if only a small feature of a product
| like a computer is infringing.
| "Mr. Gemini's current expert report
| improperly inflates both the royalty base
| and the royalty rate by relying on
| irrelevant or unreliable evidence and by
| failing to account for the economic
| realities of this claimed component as part
| of a larger system," Rader wrote (.pdf).
| Red Hat and Novell are being represented by
| Gibson, Dunn & Crutcher lawyers from San
| Francisco.



Paul Ware and Acacia

,----[ Quote ]
| Ware and Financial Systems Innovation, LLC (a subsidiary of Acacia, formerly
| a subsidiary of TechSearch, the company now known as Global Patent Holdings)
| have filed 10 patent litigations in the last four years, against 144
| defendants. Friedman, Suder & Cooke is representing Ware and Acacia in all of
| the litigation, most of which are pending either in the Northern District of
| Georgia or Northern District of Texas. The big filing was one last June
| against 106 defendants, which I reported on here. While 3 of Ware's cases
| were settled, the rest were stayed pending the first reexamination. There are
| motions in each of those cases to lift the stay. Some are being granted, but
| in other cases, more trouble brews.


Sprint Nextel, Acacia unit settle patent suit

,----[ Quote ]
| A subsidiary of Acacia Research Corp. and Sprint Nextel Corp. have settled a
| lawsuit alleging that Sprint Nextel had infringed on patents for technology
| used to display mobile vehicle information on maps.


Top Ten Patent Trolls of 2007

,----[ Quote ]
| 3. Acacia. I didn't start tracking Acacia carefully until the summer. But
| still, on my blog I have reported on over two dozen lawsuits brought by
| Acacia this year, against more than 235 defendants. That's in addition to the
| over 200 lawsuits Acacia filed in previous years against hundreds and
| hundreds of defendants. And that's not including the two lawsuits (at least)
| Acacia has filed in December against 20 more defendants (yes, Acacia, I'm
| watching you). Acacia's business model, as a publicly traded company, is to
| accumulate patents and sue as many companies as possible in order to extract
| licenses. They have a market cap of over 275 million - that pays for a lot of
| lawsuits. Unlike other trolls, Acacia tends to not focus on one court in
| particular, although they have sampled the Eastern District of Texas more
| this year than in the past.


Playing Microsoft Patent Poker

,----[ Quote ]
| This time though, while Ballmer slinks away to try to con â convince people
| that Microsoft Unified Communications somehow offers people more than what
| Cisco's VOIP (voice over IP) been offering customers for years, a patent
| attack finally launches at Linux. Specifically, IP Innovation, a subsidiary
| of Acacia Technologies Group, has filed a patent infringement claim against
| Linux distributors Novell and Red Hat.
| So was it just timing, or was it something more? Let's take a look at the
| players.


,----[ Quote ]
| "There you have it. At least a third of SCO's entire market
| capitalization, and their entire current cash reserves, is payoffs
| funnelled from Microsoft. Their 10Qs reveal that every other line of
| cash inflow is statistical noise by comparison. The brave new
| SCO source business model is now clear: sue your customers, shill
| for Microsoft, kite your stock, and pray you stay out of jail."


Friday Patent Litigation News

,----[ Quote ]
| Reader Anthony Sabatini of New York writes to tell me that the auto-text
| patent asserted by Acacia subsidiary AutoText in Cleveland might be invalid
| in light of the Control Data Corp CDC6600 console system developed two
| decades earlier.
| [...]
| Finally, IP Innovation and Technology Licensing Corp. -- in other words,
| ACACIA -- filed a lawsuit in Marshall against Google, accusing Google's
| search engine and Google Earth of infringing two patents. This is the same
| Acacia sub that sued Red Hat and Novell over Linux, with the same lawyers -
| Johnny Ward and Eric Albritton. But these are different patents. The patents
| asserted against Google are 5,276,785 and 5,675,819, which Acacia got from
| Xerox. Nice going, Xerox.


Acacia and Niro File Another Multi-Defendant Lawsuit on JPEG-on-a-Website
Patent, Bringing Total to 16 Companies Sued

,----[ Quote ]
| Assuming it files one per month for the next 39 months until the patent
| expires, then what Acacia is really seeking is $600M from US industry for the
| JPEG-on-a-website patent. My guess is theyâll sue many more companies than
| that, and seek up to a billion dollars â which, assuming a 33% contingency
| fee (which is low, probably), amounts to a cool $100 million per year for the
| Niro firm.
| And people wonder why heâd like to shut down websites critical of Acacia and
| other patent trolls. The real question is what does he want from you and me,
| for our photo blogs, our personal websites. His statements to IP Law 360 only
| referred to companies.
| The other real question is how many companies will spend millions in
| attorneys fees to fight rather than pay the $500K or $1M or $2M that Acacia
| is demanding. That's the sad state of patent litigation these days.

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