Comment RedHat's patents unenforcable? (Score 1) 180
From their web page RedHat states:
"... Red Hat agrees to refrain from enforcing the infringed patent against such party for such exercise"
IANAL, but doesn't this pose a problem for the validity of RedHat's patents. My understanding is that if you refrain from enforcing a patent, then that patent becomes unenforcable. When a patent suit is litigated, if the defendant can prove that a patent holder knew of a violation of their patent and did nothing about it, then the patent becomes unenforcable and the defendant doesn't have to abide by it.
So as soon as RedHat chooses to not litigate one open source project voilating their patent, it becomes unenforcable and useless.
"... Red Hat agrees to refrain from enforcing the infringed patent against such party for such exercise"
IANAL, but doesn't this pose a problem for the validity of RedHat's patents. My understanding is that if you refrain from enforcing a patent, then that patent becomes unenforcable. When a patent suit is litigated, if the defendant can prove that a patent holder knew of a violation of their patent and did nothing about it, then the patent becomes unenforcable and the defendant doesn't have to abide by it.
So as soon as RedHat chooses to not litigate one open source project voilating their patent, it becomes unenforcable and useless.
