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[News] How GNU/Linux Defeated Patent Trolls, Whereas US ITC Defends Trolls

  • Subject: [News] How GNU/Linux Defeated Patent Trolls, Whereas US ITC Defends Trolls
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Sun, 16 May 2010 23:56 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.4.2
Hash: SHA1

IP Innovation v. Red Hat/Novell - The Prior Art They Used at Trial

,----[ Quote ]
| First, a call went out on Groklaw for prior 
| art. When news of this litigation first broke 
| in 2007, and I asked if any of you knew of 
| any prior art, one of the first comments 
| mentioned the Amiga. I kid you not. Another 
| almost immediately mentioned still owning an 
| Amiga or two. In 2009, Red Hat officially 
| asked the world for prior art, and again 
| someone here mentioned the Amiga. So you guys 
| knew before the lawyers did, which of course 
| you would. It's your area of expertise. 
| That's what I get from it. And that I should 
| have made sure they were reading Groklaw in 
| 2007. Next time.
| Better still, you want to help. When Novell 
| put out a statement about the jury's ruling, 
| it said that the open source community will 
| always fight for its software. And that is 
| true. It did, it still does, and it always 
| will.


Patent Litigation Weekly: ITC Rolls Out the Welcome Mat for 'Trolls' 

,----[ Quote ]
| The International Trade Commission was 
| created in 1916 to protect U.S.-based 
| companies that made and sold goods within the 
| country's borders. In recent years, however, 
| the agency's definition of what qualifies as 
| "domestic industry" has expanded to the point 
| that small patent-holding companies with just 
| a handful of employees (Saxon Innovations, 
| St. Clair Intellectual Property Consultants) 
| and even individual inventors have been 
| allowed to proceed with ITC litigation.
| Congress helped expand the ranks of who could 
| seek remedies at the ITC in 1988 when it 
| amended the "domestic industry" requirement 
| to include "licensing" as qualification. 
| Patent-holding companies have relied on that 
| change ever since to justify their arguments 
| that the taxpayer-funded ITC should ban 
| imports of certain products on their behalf. 
| Of course, in 1988, the patent litigation 
| landscape was very different, and patent-
| holding companiesâaka "non-practicing 
| entities," or "patent trolls"âin the modern 
| sense simply didn't exist.



Patent Litigation Weekly: Acacia Stock Price Holds Firm Despite Company's Third Trial Loss

,----[ Quote ]
| Acacia's first quarter filing also
| indicates the company is wielding its
| patents against more targets than ever
| before: It reached 40 new licensing
| agreements in the first quarter of 2010,
| compared with 29 the previous year.
| In the case of Red Hat and Novell, the two
| companies opted against signing such
| agreements and chose to go to trial
| instead. In doing so, they faced a hurdle
| common to defendants in patent trials:
| winning over jurors with little or no prior
| knowledge about the technology at issue in
| the case--open-source software, in this
| instance.

Version: GnuPG v1.4.10 (GNU/Linux)


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