Red Hat Sued by Software Tree

Software Tree, a database company that develops object-relational mapping technologies, has filed a patent infringement lawsuit against Red Hat.  The suit alleges that Red Hat’s new Java-based server application, JBoss, infringes on one of Software Tree’s patents.  Software Tree is seeking unspecified damages, as well as an injunction to stop Red Hat from distributing the product.

As reported by Ars Technica, the infringed patent describes a “system and method for exchanging data and commands between an object oriented system and relational system.”  Software Tree claims that the patent was originally awarded in December 2000, and it was reexamined in April 2008 and was found to be valid and enforceable.

Red Hat acquired JBoss in 2006 for $350 million.  Software Tree contends that JBoss Hibernate, part of the JBoss platform, infringes on their patent. 

Red Hat is not new to database patent disputes, as it faced litigation last year with Firestar and DataTern.  Red Hat did eventually come to terms with the two companies, but one those agreements may come back to haunt them.  Red Hat cited the Software Tree patent as prior art during its lawsuit with Firestar.  Consequently, Software Tree is stating that Red Hat’s infringement on their patent was willful.

It is also worth noting that this current suit may be an extension of the ongoing Microsoft-Linux battle, as Software Tree is partnered with Microsoft, Borland, IBM and Sun.  In addition to naming Red Hat in the lawsuit, Software Tree has also named Hewlett Packard, Genuitec and Dell as defendants.

Dell Challenges ‘Netbook’ & Accuses Psion of Fraud

In 2000, Psion trademarked the word “Netbook,” and has aggressively defended the word since.  Recently, Psion sent out cease and desist letters to stop sites from using the term, and Psion even convinced Google to remove netbook from its Ad Words advertising program.  But according to CrunchGear, Dell has issued a petition to cancel Psion’s trademark.

Dell is claiming that Psion has abandoned the Netbook trademark, because Psion does not currently offer laptop computers under the trademark.  Also, Dell states that Psion does not intend to resume use of the trademarked name.

Dell also cited “Genericness” of the netbook term, since many companies now make netbooks as well.  Psion is also accused of fraud, as Dell states that a senior product manager for Psion claimed they had been actively using the term for its notebook computers, even though that was not the case.

It’ll be interesting to see how this legal battle plays out, especially since Psion’s netbook has not been on sale for some years.  Also, since other companies have carefully avoided the netbook term, the outcome of the case may effect the names of future products.

Microsoft Sues over Patent Espionage

When one hears the terms “double agent” or “espionage,” one tends to associate those phrases with the CIA or KGB.  But, thanks to one former, sneaky Microsoft employee, those terms can also be applied to patents and the IP community.

According to Seattle Tech Report, Microsoft is suing a former employee and claiming that he used his position at Microsoft to gain access to confidential information related to patent litigation.  The case started when Miki Mullor was hired by Microsoft in November 2005.  Microsoft contends that Mullor applied for the job under false pretenses, after stating in his job application that he was a former employee at Ancora Technologies.  Mullor stated that the software development company had gone out of business, however, that was far from the case.  In fact, Ancora was still very much in business and Mullor was the CEO, according to Microsoft.

While he was at Microsoft, the company contends that Mullor downloaded confidential documents to his company-issued laptop, which were related to the subject matter of a patent complaint Ancora later filed in June 2008.  As Microsoft said in the complaint, “The documents downloaded by Mullor relate directly to the subject matter of Ancora’s Patent Action.  These documents had no bearing on Mullor’s work at Microsoft at the time.”

Ancora initially named Dell, Hewlett-Packard and Toshiba, in the lawsuit, stating the use of a Microsoft technology violated an Ancora patent.  Since then, Microsoft has also been named a party in the suit. Ancora stated their position on their web site:

“To secure each copy of (Windows), without burdening the honest user, (PC makers) use a technology known as System Locked Pre-Installation (SLP) to protect Windows against piracy.  SLP is Ancora’s technology and is covered by our pioneer patent.”

Microsoft is seeking a court order which would bar Mullor from any involvement in the patent claim, including any assistance he could give Ancora with prosecuting the suit.

Yet, those who are anxious to follow this trial will need to have patience as a virtue.  The case is scheduled for trial on January 26, 2010, in a Los Angeles federal court.