[TriLUG] Patent Infringement Lawsuit Filed Against Red Hat & Novell - Just Like Ballmer Predicted
mrkevinj at yahoo.com
Fri Oct 12 17:08:22 EDT 2007
>Clearly the USPTO acted irresponsibly in granting such patents.
The USPTO is trying a peer review system called Peer to Patent (http://www.peertopatent.org/main/education) to help alleviate this problem. M$ will probably screw that up as well, however.
----- Original Message ----
From: Tim Jowers <timjowers at gmail.com>
To: Triangle Linux Users Group General Discussion <trilug at trilug.org>
Sent: Friday, October 12, 2007 2:06:14 PM
Subject: Re: [TriLUG] Patent Infringement Lawsuit Filed Against Red Hat & Novell - Just Like Ballmer Predicted
IANAL but here's what I can guess from looking at it:
Filing date*: Mar 25, 1987
*Issue date*: Dec 10, 1991
How long is the patent period? When would it expire? Mar 2007 or maybe
Here's what googling showed:
Current law: 14 years for a design patent. 20 for others. From date of
application with a minimum of 17 from date of issue.
But actually 20 years from date of filing or 17 years from date of
patents filed before 1995. So, why exactly are they even filing the
I guess they want to impede RHAT for a year and a few months? But maybe
is a nuisance lawsuit since
1) RedHat doesn't make the UI
2) Probably the patent does not cover what Gnome and KDE actually do.
be the realm of a windows manger even?
3) They did not file the lawsuit against the manufacturers of product
to infringe on their patent. AFAIK.
4) In 2005 I used a Windows XP computer to download Linux... does that
Microsoft infringed on the patent then? They have as much
Also, some flaws in the logic in the abstract and some non-matching
application (I suspect "different windows" of same application in more
one workspace is not the same as one window in one workspace).
I'm following the Monopolysoft suing efforts after seeing the extremely
embarrassing patents the USPTO has granted to them (is-not, file
etc). For a company which supposedly hires 1/5 of all CompSci Ph.D.s
might have a hard time defending their patent activities since this
stuff was taught to me in my first Engr classes about 2 decades ago and
taught to many people in the early 1980's! I can only guess their staff
full well the patents they were filing were for existing techniques.
begs the question if Monopolysoft was willingly trying to manipulate
patent system? Clearly the USPTO acted irresponsibly in granting such
I suspect a countersuit against Monopolysoft will be worth Billions
RHAT. I can imagine dragging in some old codger professor and asking
"In 1985 (1990, 2000 etc) did you teach about comparing pointers?"
"yes". "What does is-not do?" Codger: "compares pointers". "We call
1 and employee of Monopolysoft and former student of Codger to the
Person 1, what grade did you receive in this class which taught you
Might even be able to wear them out by getting a very old copy of an
assembler code which compares pointers. Absolutely ridiculous patent
Would be funny to bring in some punch cards and say "This was common
practice 35 years before you even filed your patent!". :-)
It is not inconceivable that a quorum of Linux and Open Source
will aggregate into a class action lawsuit against Monopolysoft. The
of their own medicine could be a poison pill.
Anyone who's ever filed a patent can tell you the actual invention and
content mean zilch to the USPTO. It's a legal entity. All they care
the paperwork is right. The examiner will have little to zero knowledge
the actual application and make little to no scientific analysis or
comparison to existing technologies or patents. It's all process and no
substance. But I've only every filed one. I'll never bother doing that
I don't think. I've filed numerous anti-patents! :-)
I can also imagine finding an ex-employee of the USPTO who will talk
fast-tracking or whatever they call it which allows the large companies
buy faster patent processing. Preferential treatment for a monopoly
frowned upon when the jury is made of people mostly earning less than
median income! "This patent is supposedly worth "$100M; yet documents
something which existed 35 years prior. The USPTO normally takes 6
process a patent application but processed yours in 2 years?"
On 10/12/07, Mike Shaw <mdshaw89 at gmail.com> wrote:
> Looks like a new battle has begun?
> "Darn bushes yowling at me again." - Old Man Wickles in Scooby Doo 2:
> Monsters Unleashed
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