Seeking Prior Art Where It Most Often Is Found In Software

Open Invention Network plans to mine open source projects for patent busters

Patent ambushes are on the rise again, and cases such as Apple/Samsung shows that prior art really has to swing the decision–obviousness or novelty is not a strong enough defense. Obviousness and novelty are subjective decisions made by a patent examiner, judge, or jury.

In this context, a recent conversation I had with Keith Bergelt, Chief Executive Officer of the Open Invention Network takes on significance. OIN was formed many years ago to protect the vendors, developers, and users of Linux and related open source software against patent infringement. They do this the way companies prepare a defense: accumulating a portfolio of patents of their own.

According to Bergelt, OIN has spent millions of dollars to purchase patents that uniquely enable Linux and open source and have helped free software vendors and developers understand and prepare to defend against lawsuits. ...