Open-source GNOME Foundation slapped with patent infringement lawsuit

guest · Sep 26, 2019

Open-source GNOME Foundation slapped with patent infringement lawsuit
IP troll tries its chances with non-profit GNOME Foundation over patent claim defeated by Garmin
September 26, 2019
https://www.computing.co.uk/ctg/news/3081995/gnome-foundation-sued

The open-source GNOME Foundation has been slapped with a patent infringement lawsuit over its Shotwell personal photo manager.

The lawsuit [PDF] has been launched by a company called Rothschild Patent Imaging. Rothschild claims that Shotwell infringes a patent (US patent number 9,936,086) it was granted in 2008 covering a "Wireless Image Distribution System and Method" because it uses "an image capturing device" and "imports and filters photographic images from cameras, allowing users to organise the photos and share them on social media".

The lawsuit adds that non-profit GNOME's patent infringement is "causing irreparable harm and monetary damage to [Rothschild] and will continue to do so".
However, Rothschild's previous attempts to enforce its 2008 patent have been far from successful.
Click to expand...

For its part, GNOME Foundation executive director Neil McGovern described the lawsuit as "baseless" and vowed to fight it. "We have retained legal counsel and intend to vigorously defend against this baseless suit," said McGovern in a brief statement.
Click to expand...

guest · Oct 22, 2019

GNOME files defense against patent troll
October 21, 2019
https://www.gnome.org/news/2019/10/gnome-files-defense-against-patent-troll/

A month ago, GNOME was hit by a patent troll for developing the Shotwell image management application. It’s the first time a free software project has been targeted in this way, but we worry it won’t be the last. Rothschild Patent Imaging, LLC offered to let us settle for a high five figure amount, for which they would drop the case and give us a licence to carry on developing Shotwell.

Agreeing to this would leave this patent live, and allow this to be used as a weapon against countless others. We will stand firm against this baseless attack, not just for GNOME and Shotwell, but for all free and open source software projects.
For these reasons, GNOME Foundation Executive Director Neil McGovern instructed our legal counsel at Shearman & Sterling to file three papers with the court in California.
Click to expand...

First: a motion to dismiss the case outright. We don’t believe that this is a valid patent, or that software can or should be able to be patented in this way. We want to make sure that this patent isn’t used against anyone else, ever.
Second: our answer to the claim. We don’t believe that there is a case GNOME needs to answer to. We want to show that the use of Shotwell, and free software in general, isn’t affected by this patent.
Third: our counterclaim. We want to make sure that this isn’t just dropped when Rothschild realizes we’re going to fight this.
Click to expand...

guest · May 22, 2020

Patent case against GNOME resolved
May 20, 2020
https://www.gnome.org/news/2020/05/patent-case-against-gnome-resolved/

Today, on the 20th of May 2020, the GNOME Foundation, Rothschild Patent Imaging, and Leigh M. Rothschild are pleased to announce that the patent dispute between Rothschild Patent Imaging and GNOME has been settled.

In this walk-away settlement, GNOME receives a release and covenant not to be sued for any patent held by Rothschild Patent Imaging. Further, both Rothschild Patent Imaging and Leigh Rothschild are granting a release and covenant to any software that is released under an existing Open Source Initiative approved license (and subsequent versions thereof), including for the entire Rothschild portfolio of patents, to the extent such software forms a material part of the infringement allegation.

Neil McGovern, Executive Director for the GNOME Foundation said “I’m exceptionally pleased that we have concluded this case. This will allow us to refocus our attention on creating a free software desktop, and will ensure certainty for all free and open source software in future.”
Click to expand...

ZDNet: GNOME gets big open-source patent win

GNOME, the popular Linux desktop, didn't just avoid paying a patent troll, it won the right for any product under an Open Source Initiative license to use code covered by the company's patents
Click to expand...

Log in or Sign up

Open-source GNOME Foundation slapped with patent infringement lawsuit

guest Guest

guest Guest

guest Guest

Log in or Sign up

Open-source GNOME Foundation slapped with patent infringement lawsuit

guest Guest

guest Guest

guest Guest

Useful Searches