MedImmune v. Genentech as applies to MSFT and Novell?

kneemoe · 01-11-2007, 08:39 AM

http://www.law.com/jsp/article.jsp?i...3&rss=newswire

recent Supreme Court decision on patents/IP and the rights of the lcenser and licensee....

does anyone else think this might just be the legal underpinning needed for Novell to step up, be a real contributor to the FOSS community, and sue the bejesus out of MSFT, forcing them (MSFT) to go to court to defend their FUD statements about their code being in the linux kernel?

just wondering,
dan wolfe

pixellany · 01-11-2007, 12:25 PM

So the ruling says that a licensee can challenge a patent with reduced risk. But what about non-licensees??

My take is that if Open-source vs Microsoft winds up in the courts, we all lose.

kneemoe · 01-11-2007, 12:29 PM

Quote:

Originally Posted by pixellany

So the ruling says that a licensee can challenge a patent with reduced risk. But what about non-licensees??

My take is that if Open-source vs Microsoft winds up in the courts, we all lose.

isn't Novell now a Licensee (of the code in question)?
i thought that was the whole reason they made the deal (even if they deny that publicly)

pixellany · 01-11-2007, 01:49 PM

Yes--my question was going beyond MS/Novell

Perhaps after we have our idiotectomy in November 08, we can get this country to start reforming the patent system, fix IP absurdities, and start going after monopolies--especially the ones that are arguably the worst in recorded history.

BTW--the new word above is patent pending--you must send me huge royalties to use it....

XavierP · 01-11-2007, 05:33 PM

Moved: This thread is more suitable in General and has been moved accordingly to help your thread/question get the exposure it deserves.

kneemoe · 01-12-2007, 12:18 PM

Quote:

Originally Posted by pixellany

Yes--my question was going beyond MS/Novell

Perhaps after we have our idiotectomy in November 08, we can get this country to start reforming the patent system, fix IP absurdities, and start going after monopolies--especially the ones that are arguably the worst in recorded history.

BTW--the new word above is patent pending--you must send me huge royalties to use it....

maybe you could just license me the rights to use it, and (keeping with the nature of this thread) i could just sue you for the right to use it while licensing it....

so should i take the silence out there as some sort of consensus that my take on the ruling is misguided and/or that it doesnt have the implications i thought it would?