Patent Law

"Post Issue Peer to Patent" involved in Red Hat matter

By Lawrence B. Ebert, Esq.

Back in 2007, IP Innovation filed a lawsuit against Red Hat and Novell. IP Innovation is a subsidiary of Acacia Technologies. You may have heard of them -- they're reported to be the most litigious patent troll in the USA, meaning they produce nothing of value other than money from those whom they sue (or threaten to sue) over patent issues. They're alleging infringement of patents on a user interface that has multiple workspaces. Hard to say just what they mean (which is often a problem in software patents), but it sounds a lot like functionality that pretty much all programmers and consumers use.
That patent was filed back on March 25, 1987 by some folks at Xerox/PARC, which means that prior art dated before that date is helpful -- and art dated before March 25, 1986 is the most useful. (That means art found in a Linux distribution may not help, seeing as how Linus Torvalds first began the Linux kernel in 1991.)

Red Hat has invited the community to join in the fight against the patent trolls by identifying prior art. They are coordinating efforts through the Post Issue Peer to Patent site, which is administered by the Center for Patent Innovations at the New York Law School, in conjunction with the US Patent and Trademark Office.

A noble goal, if you ask me. Patents should be a tool to foster competition - not one to just make money and consequently stifle innovation. I strongly believe that any filed patent should be accompanied by a working prototype (instead of just some vague drawing a la "warp drive goes here"), and that only that specific implementation as used by the prototype is covered by the patent. If that patent is not used in a product within, say, three years, the patent becomes void, allowing others to do a better job of doing so.

See also
http://ipbiz.blogspot.com/2008/06/informationweek-blog-clueless-on-red.html

Full post as published by IPBiz on February 14, 2009 (boomark / email).