We're used to patent trolls being shifty little bozo operations like Acacia Research that serve no useful purpose beyond proving that some life forms never evolve. Sometimes, however, patent trolls come in larger sizes and have otherwise legitimate businesses. Such is the case today with Trend Micro's apparently specious lawsuit against Barracuda Networks and, indeed, the entire open-source community.
As Justin Mason, vice president of the Apache Software Foundation, notes:
Trend Micro's actions are clearly an attack on free and open-source software and its users, as well as on Barracuda Networks. The '600 patent covers a trivial method, one which was obvious to anyone skilled in the art at the time (the patent was written), and should be rendered invalid as soon as possible.
Unfortunately, our patent system only makes sense on paper. Once it hits the courts, all bets are off. This is why repudiating silly claims like Trend Micro's is so important, and why a collective response is critical.
Here's what happened in a nutshell:
... Read moreI received this update from Sun Microsystems on Tuesday on the ongoing ZFS patent litigation with NetApp. While colored by its source, the news seems positive for Sun (and, given the importance of ZFS, for the open-source development community). Sun has succeeded in getting the venue changed to California and it appears that its public request for examples of prior art have yielded fruit.
What follows was sent to me by Sun:
As of Friday, December 14, Sun has filed reexamination requests for three Network Appliance patents as part of its response to a lawsuit initially filed by Network Appliance against Sun on September 5, 2007. This follows the agreement last month with Network Appliance to transfer Network Appliance's lawsuit from Texas and litigate it along with the case Sun filed in California. The motion to transfer was filed on November 21 and the cases are now assigned to a mutually agreed upon judge. With each company being headquartered in northern California and the majority of inventors and innovation in dispute originating in California, it makes sense for this case to be litigated in this jurisdiction. We are pleased that Network Appliance agreed to Sun's request and retracted its imprudent choice of venue for this litigation.
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It's fascinating to see how blogs are being used these days.
On Wednesday, Dave Hitz, co-founder of NetApp, used his blog to explicate the company's reasons for suing Sun Microsystems over ZFS patent infringement. On Thursday, Jonathan Schwartz, CEO of Sun, fired back using his own blog, telling a very different story from Hitz's.
And, when I asked NetApp to respond to why it had chosen to respond to Sun now, rather than when Sun announced it was open-sourcing ZFS, Hitz replied...in a comment to my blog.
This is a very new world we live in. It's also one that Schwartz is convinced open source will win, as he suggests (in his blog):
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