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IP Innovation v Red Hat and Novell - 1 Year Later

By Pamela Jones et al.

It's been a while since we last looked in on the IP Innovation LLC v. Red Hat et al patent litigation. In fact, it's been exactly a year. The parties are deep in discovery, with trial set for April 12, 2010[PDF]. That could change, of course. But that's the date set. IP Innovation thinks the trial will take 3 days while Red Hat and Novell estimate between 7 and 10. It takes longer to defend yourself from a patent infringement accusation than to just throw one out there.

So this case gives us a chance to follow a patent litigation, from soup to nuts, play out, and it looks like it will actually be over before we all have children and grandchildren to carry on Groklaw.

So, how's it going in this case, judging from the docket? As you'll see, it's a lot simpler and moving faster than the endless meanderings in the SCO saga. Partly that's because the rules in patent cases force the parties early on to place their cards on the table, as I'll show you. And it's a much simpler fact pattern too. It's also because here, everyone wants the matter settled.

There's a relationship, of course, between a plaintiff hoping there will never be an end and it meandering away from the river into every conceivable side bifurcation, distributary, tidal flat, marshy river delta, coastal lagoon and finally headlong into the tall weeds of bankruptcy court. Slander of title, anyone? So the straightforwardness of patent litigation -- you did it or you didn't, you meant to or you didn't -- is refreshing.

Full post as published by Groklaw on October 11, 2008 (boomark / email).