On Sat, October 13, 2007 12:13 pm, DJA wrote:
> Lan Barnes wrote:
>> On Sat, October 13, 2007 11:10 am, Bob La Quey wrote:
>>> Companies called IP Innovation and Technology Licensing Corporation
>>> sued Red Hat and Novell on Tuesday, claiming the top Linux sellers'
>>> software products infringe U.S. patent 5,072,412, "User interface with
>>> multiple workspaces for sharing display system objects," and two
>>> identically named patents.
>>>
>>> http://www.news.com/8301-13580_3-9796868-39.html?tag=nefd.blgs
>>>
>>> BobLQ
>>>
>>>
>>
>> Between prior art and the bloody obvious, I can't see even the present
>> corporatist courts upholding this.
>>
>> How do patents like that get approved? Nemind, I know :-(
>
> The Groklaw article
> (http://www.groklaw.net/article.php?story=20071011205044141) shows that
> two Microsoft executives, Jonathan Taub (former Microsoft Director of
> Strategic Alliances for the Mobile and Embedded Devices) and Brad
> Brunell (held a number of management positions at Microsoft, including
> General Manager, Intellectual Property Licensing) were "hired" by IP
> Innovation. Taub was hired as President, Brunell as Senior Vice President.
>
> This looks to be a thinly disguised proxy attack by M$ with the purpose
> of killing Linux vendors by death of a thousand cuts. M$ can attack
> Linux distributors and users by leveraging minor patents which are not
> owned by M$ itself. If such patents are found to be infringed during the
> battles, Microsoft can merely pay (or already are paying - or have an
> "Understanding" with the proxy attacker) to license their own use. If
> they're thrown out, everyone, including M$ gain.
>
> But Redhat and Novell (and others further down the road) lose for having
> to defend against such patent claims, legitimate or not. There's also an
> advantage to fighting patent wars by proxy using a Holding Company: the
> attacker can't be counter-attacked with counter suits claiming use of
> the defenders' patents, because the attacker produces no products or
> services. This assures that big patent holders like IBM are of little to
> no use as allies.
>
>

Assuming that these dots could be connected in a court, I wonder if a
counter charge of barratry might get a hearing?

BCC'd to my 2 lawyer aquaintances.

-- 
Lan Barnes

SCM Analyst              Linux Guy
Tcl/Tk Enthusiast        Biodiesel Brewer


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