Opportunistic Garbage Collection Obviousness
Opportunistic Garbage Collection Obviousness
Posted Apr 22, 2011 2:15 UTC (Fri) by orcmid (guest, #74478)In reply to: Opportunistic Garbage Collection Obviousness by jd
Parent article: Google Linux servers hit with $5m patent infringement verdict (The Register)
The essential claims in the patent are very specific about the situation in which they arise.
With regard to other observations about what is obvious or not, nothing we say here will impact the validity of the patent.
Google attempted to convince a jury that the patent was invalid and failed. I don't know what their argument was and whether they had any prior art to offer.
Google also failed to convince the jury that the patent was not being infringed, valid or not. They would have had to parade out the code and experts to explain it to accomplish that. Don't know how they failed at that either.
Now, we know that there appear to be some jurisdictions in Texas that are very friendly to patent-infringement suits. (This is where Microsoft ran up against i4i, for example.) But even so, it is not clear, based on the experience of others, that there is much room in the appeal process to over-rule the jury's findings of fact.
Whatever Google and other defendants end up paying, the only thing that will keep Linux as unencumbered FOSS is if the alleged infringement is cured by working around the essential claims of the patent so there is no infringement. If the patent were to be over-turned, put the code back if it is appropriate. Otherwise, just move on, I say.
I am far more concerned about Linux staying unfettered than I am about Google's pocketbook.
