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[News] Novell Gets Software Patents, Red Hat Talks About "Fighting patent aggression the open source way"

  • Subject: [News] Novell Gets Software Patents, Red Hat Talks About "Fighting patent aggression the open source way"
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Fri, 21 May 2010 09:29:13 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.4.2
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Patent applications by Utahns

,----[ Quote ]
| System and method for creating and 
| presenting modal dialog boxes in server-
| side component Web applications, patent 
| No. 7,721,225, invented by Daniel Montroy 
| of Sandy, Micah Gorrell of Spanish Fork, 
| and Matthew Sorensen of Lehi, assigned to 
| Novell, Inc. of Provo. 
`----

http://www.sltrib.com/business/ci_15110466

Fighting patent aggression the open source way

,----[ Quote ]
| For the open source community, it's worth 
| noting with pride that a substantial 
| portion of the prior art used in the case 
| was identified by community members. 
| Groklaw helped rally support, and drew 
| many prior art contributions. The Open 
| Invention Network's Linux Defenders 
| program posted the patents on its Post-
| Issue Peer to Patent page, and drew 
| numerous useful contributions as well. In 
| fact, all of the prior art used as prime 
| examples at trial (Apple Switcher, 
| Commodore Amiga 1000, and Chan Room 
| Model), were identified on both Groklaw 
| and Linux Defenders.  Many thanks to all 
| who contributed and showed how open source 
| can  help invalidate patents that should 
| never have been granted. 
| 
| Explaining prior art to a jury is itself 
| an art, and our invalidity expert, Dave 
| Wilson, did a great job.  He was smart and 
| engaging, and managed to make some 
| challenging material really interesting.  
| For those interested in the technical 
| details on invalidity, I'm posting his 
| entire testimony, but here are a couples 
| of excerpts that will give some idea of 
| what he did.
`----

http://opensource.com/law/10/5/fighting-patent-aggression-open-source-way

Chien: Recent History Suggests that Supreme Court will Rule Bilski's Claim Unpatentable

,----[ Quote ]
| Professor Colleen Chien (Santa Clara) has 
| written an interesting new article on the 
| importance of amicus briefs in patent 
| cases. Her article is titled Patent Amicus 
| Briefs: What the Courts' Friends Can Teach 
| Us About the Patent System and is 
| available online at SSRN.
| 
| [...]
| 
| The abstract:
| 
| Over the last two decades, more than 1500 
| amici, representing thousands of 
| organizations, companies, and individuals, 
| have signed onto amicus briefs in over a 
| hundred patent cases, many of them 
| representing landmark decisions. This 
| paper turns the spotlight on these 
| "behind-the-scenes" actors in the patent 
| system. It combines theoretical insights 
| with an empirical study of amicus briefs 
| filed in patent cases over the last 20 
| years in an examination of who is 
| interested in the patent system, the 
| positions they have advocated, and the 
| effectiveness of their advocacy. Amicus 
| filers have been instrumental in shaping 
| the courts' agenda; the Supreme Court was 
| seven times more likely to grant cert, and 
| the Federal Circuit eight times likely 
| grant a petition for en banc rehearing, if 
| urged to by an amicus. However, while 
| certain briefs have been important, 
| overall the balance of briefs on the 
| merits have not had a measurable impact on 
| the courts' rulings. One exception has 
| been the briefs of the US Government, 
| which have been exceptionally prescient. 
| Over the 20 years studied, every single 
| amicus brief authored by the US Government 
| in a Supreme Court patent case except one 
| predicted the case outcome. That is to 
| say, in almost all cases, the Court 
| affirmed or rejected the lower court 
| holding when the Government told it to, 
| and in one case, dismissed cert as 
| improvidently granted when the Government 
| recommended doing so. In terms of who 
| files briefs and their agenda, the results 
| are somewhat surprising. Although debates 
| about the patent system are usually cast 
| as a fight between the pharmaceutical and 
| hi-tech industries, patent lawyers 
| comprise a powerful interest group, filing 
| the most briefs of any single group. In 
| addition, among companies, what seems 
| largely to determine how they advocate is 
| their business model â non-practicing 
| entities, for example, nearly always 
| weighed in for the patentee and public 
| companies, often against the patentee. 
| These and other results have implications 
| for those seeking to understand the patent 
| system and those seeking to influence it.
`----

http://www.patentlyo.com/patent/2010/05/chien-recent-history-suggests-that-supreme-court-will-rule-bilskis-claim-unpatentable.html


Recent:

Novell - Software Patents = Success

,----[ Quote ]
| I find it hilarious and interesting that
| Novell considers a large number of software
| patents as a good thing. It seems to use
| this as a measure of their success. This is
| against the community belief that software
| patents are bad and immoral. This is a
| dangerous idea when you consider how much
| free and open source software is written by
| Novell. How much software could they force
| us not to use because of patents?
`----

http://www.pwnage.ca/?q=node/12


The Innovative People of Novell

,----[ Quote ]
|     Inventive people who write more
|     software patents per capita than
|     anywhere else.ï
|
| Software patents: A Novell metric for
| success.
`----

http://www.the-source.com/2010/01/the-innovative-people-of-novell/
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