Commercial
Competitors
• SCO/Linux
Controversies
• SCO
v.
IBM,
Red
Hat
v.
SCO,
SCO
V.
Norvell,
SCO
v.
DaimlerChrysler,
SCO
v.
Auto-‐Zone
• Microso4
backing
• Mobile
Wars
• Apple,
Google
(with
Motorola),
Samsung,
Oracle,
Yahoo!,
Nokia
• Samsung
v.
Apple
and
vice
versa
in
various
world
jurisdic• EU
regulators
hi[ng
Google
(via
Motorola)
with
a
complaint
for
aNempinjunc
Patent
Trolls
• Person
or
en• enforces
patent
rights
against
alleged
infringers
in
order
to
collect
licensing
fees;
and
• does
not
manufacture
or
supply
products
or
services
based
on
its
patents.
Defensive
Patent
Pools
Open
Inven'on
Network
(OIN)
• Founded
in
2005
by
IBM,
Novell,
Philips,
Red
Hat,
Sony,
and
NEC
• Joined
later
by
Canonical
and
Google
Member
Obliga• Pool
License
• Defensive
Pledge
• Viral
licensing
Member
Benefits
• License
to
OIN
pool
patents
Defensive
Patent
Pools
Limits
to
Effec'veness
• Most
large
patent
holders
already
have
non-‐aggression
agreements
with
the
other
large
patent
holders,
limipatents
for
counter-‐suits.
• The
members
of
the
pool
are,
by
definicommunity
fears.
• Counter-‐suits
only
work
if
you
are
being
sued
by
a
company
that
develops
so4ware;
infringement
suits
are
useless
against
NPE
trolls.
• The
percepeffec
Defensive
Patent
License
(DPL)
• Developed
beginning
in
2010
by
Jason
Schultz
and
Jennifer
Urban,
law
professors
and
directors
of
UC
Berkeley's
Samuelson
Law,
Technology
&
Public
Policy
Clinic.
• A
DPL
par• License
enAre
porlolio
• License
to
all
DPL
users
• Defensive
pledge
to
DPL
users
only
• Provisions:
• Irrevocable
• Withdrawal
• License
on
Transfer
• “Travels
with
patent”
Defensive
Patent
License
(DPL)
• Strengths
• Forces
licensors
to
open
their
enpools
where
members
can
choose
to
offer
only
their
weakest
patents
• The
“travels
with
patent”
and
“license
on
transfer”
provisions
help
de-‐weaponize
patents
and
make
them
less
valuable
for
trolls.
• Weaknesses
• Lacks
the
“viral
clause”
found
in
“patenle4”
licenses
like
the
OIN
agreement
• Creates
a
fenced-‐in
zone
of
defensive
safety
between
DPL
members
while
allowing
offensive
ac
Tools
to
Fight
Trolls
• Defensive
Publica'on
• OIN’s
“Linux
Defenders”
program
• “Peer
to
Patent”
prior
art
database
• Purchasing
Harmful
Patents
• OIN
and
the
Linux
Founda• Allied
Security
Trust
• RPX
Corpora