Skip to main content

Novell, Red Hat Win Joint Patent Battle

Back in 2007, an outfit called IP Innovation LLC filed a patent infringement lawsuit, claiming that Linux vendors were infringing on patents it owns—including U.S. patent 5,072,412 covering “User interface with multiple workspaces for sharing display system objects.” Now, a Texas jury has ruled in favor of Red Hat and Novell, finding the patents at the center of the suit was invalid because of extensive prior art.

Image used with permission by copyright holder

The case is notable not so much because the patent was defeated, but because Linux vendors who are serious rivals in the marketplace joined forces to fight the case. The victory is being hailed by the open source community as a major win—and yet more evidence that Linux can stand up to patent challenges. Red Hat and Novell were represented by the same legal team—surprising because Novell and Red Hat in many ways represent opposite ends of the open source community. For instance, Novell has entered into a broad patent agreement with Microsoft to protect its customers from any patent litigation Microsoft might bring against Linux. Red Hat has never made that kind of deal—and it’s been about four years since Novell signed on the dotted line and Microosft has yet to mount a direct patent challenge to Linux.

“This is the result we expected and we are gratified that the jury recognized the tremendous innovative value of open source software,” said Red Hat executive FP Michael Cunningham, in a statement. “The jury knocked out three invalid patents that were masquerading as new and important inventions, when they were not.”

The IP Innovation patents go all the way back to 1991—but IP Innovation didn’t come up with them on their own, instead buying them from Xerox. Red Hat and Novell were able to demonstrate substantial prior art that preceded Xerox’s original patent filings: one of the requirements for patent protection is that the application must describe a new method or process that did not previously exist.

“We are very pleased that the jury reached a verdict in favor of Linux and of open source,” said Novell’s VP for legal affairs Jim Lundberg, in a statement. “We hope this verdict sends a strong and unequivocal message to others that Novell and the open source community will vigorously defend any unsupported attacks on Linux and on open source innovation. ”

Geoff Duncan
Former Digital Trends Contributor
Geoff Duncan writes, programs, edits, plays music, and delights in making software misbehave. He's probably the only member…
Microsoft Surface Laptop 5, Surface Pro 9 heavily discounted today
The Surface Pro 9 in laptop mode on a table.

Microsoft's Surface devices are well known for their versatility and performance, but they command premium prices. That's why there's always high demand for Surface Laptop and Surface Pro deals, as who doesn't want to enjoy a discount when making a huge investment? If you're interested, Best Buy is offering the Microsoft Surface Laptop 5 at $300 off, which brings its price down to $1,000 from $1,300, and the Microsoft Surface Pro 9 at $540 off, which lowers its price also to $1,000 from $1,540, ahead of the arrival of the consumer versions of the Surface Laptop 6 and Surface Pro 10. You need to push through with your transaction as soon as possible if either of these bargains caught your attention, as we're not sure how much time is remaining before they disappear.
Microsoft Surface Laptop 5 -- $1,000, was $1,300

The Microsoft Surface Laptop 5 is a traditional Windows 11 laptop that's powered by the 12th-generation Intel Core i5 Evo processor, Intel Iris Xe Graphics, and 8GB of RAM. It won't match up to the performance of the best laptops, but it's going to be more than enough to handle daily tasks for work or school. The laptop features a 13.5-inch PixelSense touchscreen with vibrant colors and sharp details, a battery that can last up to 18 hours on a single charge, and a 512GB SSD that provides ample storage space for your files. The Microsoft Surface Laptop 5 also comes with a 720p webcam and dual far-field Studio Mics for clear video calls.

Read more
The best MacBook to buy in 2024
Apple MacBook Pro 16 downward view showing keyboard and speaker.

Now that Apple has started outfitting its laptops with its M3 generation of chips, it's time to take another look at which is the best MacBook to buy in 2024. That’s not always easy, though, as buying the newest MacBook isn’t always the right decision. Apple has several tiers of performance, as well as various sizes, which can further complicate the matter.

What’s more, you can also still get M1 and M2 MacBooks, some from Apple’s own website and some from third-party retailers. But are they still worth your money? Our guide should help you decide.

Read more
9 best laptops of 2024: tested and reviewed
The MacBook Air on a white table.

To earn the crown as the best laptop in 2024, a device needs to have it all: gorgeous design, killer performance, a productive keyboard, long-lasting battery life, and much more.

Each of the laptops below has been vetted thoroughly by Digital Trends. Whether it's an affordable Chromebook or a top-of-the-line gaming laptop, they've all been subjected to real-world testing, as well as benchmark and battery tests, to collect enough data to objectively pit them against each other.

Read more