Opensolaris ips selective updating
Many thanks to all who contributed and showed how open source can help invalidate patents that should never have been granted.
Explaining prior art to a jury is itself an art, and our invalidity expert, Dave Wilson, did a great job.
For the open source community, it’s worth noting with pride that a substantial portion of the prior art used in the case was identified by community members.
Groklaw helped rally support, and drew many prior art contributions.
In terms of who files briefs and their agenda, the results are somewhat surprising.
Although debates about the patent system are usually cast as a fight between the pharmaceutical and hi-tech industries, patent lawyers comprise a powerful interest group, filing the most briefs of any single group.
It combines theoretical insights with an empirical study of amicus briefs filed in patent cases over the last 20 years in an examination of who is interested in the patent system, the positions they have advocated, and the effectiveness of their advocacy.
Amicus filers have been instrumental in shaping the courts’ agenda; the Supreme Court was seven times more likely to grant cert, and the Federal Circuit eight times likely grant a petition for en banc rehearing, if urged to by an amicus.
One exception has been the briefs of the US Government, which have been exceptionally prescient.I’m not sure if anyone has really dug into the implications of the division between source and object code in this area.In cases like this, the Open Invention Network might be of use. Since Hugin isn’t part of Linux (as in, the kernel bits) it’s unlikely to be helped out directly.As such, I believe that the source code of a Free Software implementation of some patented algorithm (as if it makes sense to patent an idea, but hey, some patent offices hand these things out) cannot infringe the patent even if you accept the validity of algorithmic patents because it’s just describing something that has already been published — the patent text itself!On the other hand, compiled forms of the same do implement the algorithm in a machine and might be covered.