IP Innovation and Technology Licensing v. Red Hat and Novell
On this page, you'll find Groklaw's coverage and resources regarding IP Innovation, L.L.C. and Technology Licensing Corp v. Red Hat, Inc. and Novell, Inc., the first patent litigation brought against Linux, including pertinent court filings, resources on how to search for prior art, Groklaw articles covering the litigation, and the complete set of trial transcripts, both as PDF and HTML.
The case, Docket Number 2:2007cv00447, began in October, 2007 with the filing of the complaint in Texas Eastern District Court and ended with a total victory for Red Hat and Novell in April 2010, after a five-day trial.
Red Hat issued a call to the Linux/FOSS community to help find prior art, listing the patents on Peer-to-Patent's website and letting the community know very specifically what was needed. Groklaw helped look for prior art, a search which proved successful.
The patents allegedly infringed were U.S. Patent No. 5,072,412, 'User interface with multiple workspaces for sharing display system objects', #5,533,183, #5,394,521, all of which were found by the jury to be invalid and not infringed.
IP Innovation is a subsidiary of Acacia Research. Jonathan Taub
joined Acacia as VP in July of 2007 from Microsoft. Brad Brunell also
joined Acacia from Microsoft as Senior VP. At Microsoft he was General Manager, Intellectual Property Licensing.
Documents available on Groklaw
Groklaw docket through October of 2008.
(Full docket on Justia)
April 2010 trial transcripts as text and as PDF:
How to find prior art
What constitutes prior art? - resources on the Peer to Patent website. Here are their tutorials.
Groklaw's Patents resources page.
Groklaw's Legal Research page also includes links to patent resources.
The US Supreme Court's standard for obviousness.
IP Innovation LLC v. ECollege.com et al ruling [PDF], where the judge explains how to invalidate a patent with prior art.
Tutorials: What are claims? [mp3];
How to determine a patent's date [mp3];
Determining the scope of a patent; and When is something prior art against a patent? ("Prior art basically means any disclosure of the contents of a claim, prior to the application for patent.... only documents published before the filing date of the application in question are considered.").
How to figure out the dates
Here is the collection of Groklaw articles covering this litigation. Groklaw aided in finding prior art.
Last Updated Friday, March 18 2011 @ 11:21 PM EDT