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Red Hat, Novell Sued For Patent Infringement

This is from a couple weeks back. However, I thought this was interesting to throw out there. A company called “IP Innovation and Technology Licensing Corp.” claims to own a patent 5,072,412 which was filed in 1991. Using this claim they have filed suit against Red Hat and Novell. According to the patent it was filed for Xerox. Did Xerox release this to IP Innovation?

From InfoWorld:

Red Hat and Novell are accused of infringing on the patents by selling the Red Hat Linux system, the Novell SUSE Linux Enterprise Desktop, and the Novell SUSE Linux Enterprise Server, according to the lawsuit filed in the U.S. District Court for the Eastern District of Texas, Marshall Division.

The plaintiffs also contend that the defendants are deliberately and willfully infringing on the patents because they were previously notified of the infringement.

IP Innovation in Northbrook, Ill., and Technology Licensing are seeking an injunction from the court, damages, and “other relief that the court or a jury may deem just and proper,” according to the lawsuit.

IP Innovation is a subsidiary of Acacia Technologies Group.

Now from the patent 5,072,412:

Workspaces provided by an object-based user interface appear to share windows and other display objects. Each workspace’s data structure includes, for each window in that workspace, a linking data structure called a placement which links to the display system object which provides that window, which may be a display system object in a preexisting window system. The placement also contains display characteristics of the window when displayed in that workspace, such as position and size. Therefore, a display system object can be linked to several workspaces by a placement in each of the workspaces’ data structures, and the window it provides to each of those workspaces can have unique display characteristics, yet appear to the user to be the same window or versions of the same window. As a result, the workspaces appear to be sharing a window. Workspaces can also appear to share a window if each workspace’s data structure includes data linking to another workspace with a placement…

OK, so are they going to go after Apple as well?

Now, going back to the little nugget from the beginning of this post I may be mistaken but, aren’t patents only valid for 17 years? Oh wait…it has only been 16 [EDIT] Ah, it appears to be 20 years. A money grab…big shock.

Ugh.

Patent Link

Article Link

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  • Vitaliy said,

    October 31, 2007 @ 1:44 pm

    Many technology news outlets have already reported that “IP Innovation and Technology Licensing Corporation” has connections to Microsoft (Brad Brunell after 16 years at Microsoft has joined this patent holding company as senior vice president, and Jonathan Taub was director of strategic alliances for mobile devices at Microsoft and has joined the patent company as vice president).

    This patent was used in the past to sue other companies as well, and every time they lost the case because of prior art.

    It is part of Microsoft’s strategy to damage Linux reputation simply using fear and uncertainty. For example when management in a large corporation has to make a purchase decision they will see the news and simply think “hey, we can not buy Red Hat’s product because they may be infringing”… Microsoft have been doing this type of stuff for years, nothing new.

    Dave Lewis said,

    October 31, 2007 @ 1:57 pm

    @Vitaliy

    Yup. I’m well aware of their history of abusive tactics. But, is this a Microsoft front or this just a case of a few ex-employees that happen to work there? I actually opted not to write about the Microsoft connection as I was unsure of the validity of the argument.

    Thanks for the comment.

    cheers

    Vitaliy said,

    October 31, 2007 @ 7:48 pm

    Groklaw is doing great coverage of this whole mess, here is a quote that sum it all up
    “So in July one Microsoft executive arrives; then as of October 1, there is the second, a patent guy. October 9, IP Innovation, a subsidiary, sues Red Hat. And Novell. So much for being Microsoft’s little buddy.”
    http://www.groklaw.net/articlebasic.php?story=20071011205044141

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