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IP Innovation v. Red Hat/Novell - The Prior Art They Used at Trial

May 14, 2010, 12:32 (0 Talkback[s])
(Other stories by Pamela Jones)

"I know the first thing you wanted to know after you heard that Red Hat and Novell had prevailed and the jury had found that IP Innovation's patents were worthless was this: did we at Groklaw help when we did prior art searching?

"The answer is, Yes. It turns out that you did. I have the transcripts from the trial, and I've been reading them for days now, because even though I can't share the transcripts with you yet, until the court says it's OK, I know you are dying of curiosity, so I'm reading them to let you know what happened. So, let me tell you what I have learned, part one.

"First, I know you want to know what prior art was used first thing, and here is the answer, from the judge's instructions to the jury just before closing arguments: the Chan Room system, the Macintosh Switcher, and the Amiga workbench. There is a story about the Amiga in particular, and that's where you come in.

"First, a call went out on Groklaw for prior art. When news of this litigation first broke in 2007, and I asked if any of you knew of any prior art, one of the first comments mentioned the Amiga. I kid you not. Another almost immediately mentioned still owning an Amiga or two. In 2009, Red Hat officially asked the world for prior art, and again someone here mentioned the Amiga. So you guys knew before the lawyers did, which of course you would. It's your area of expertise. That's what I get from it. And that I should have made sure they were reading Groklaw in 2007. Next time."

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