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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.
`----
http://www.groklaw.net/article.php?story=20100513121121635
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.
`----
http://www.law.com/jsp/cc/PubArticleCC.jsp?id=1202458253242&Patent_Litigation_Weekly_ITC_Rolls_Out_the_Welcome_Mat_for_Trolls
Recent:
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.
`----
http://www.law.com/jsp/cc/PubArticleCC.jsp?id=1202457878810&Patent_Litigation_Weekly_Acacia_Stock_Price_Holds_Firm_Despite_Companys_Third_Trial_Loss__
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