Google found guilty of patent infringement for using Linux

21.04.2011
A jury in the Eastern District of Texas told Google that it owes Bedrock Computer Technologies $5 million in damages for using versions of that infringe on Bedrock's patents.

Bedrock sued companies that use Linux claiming that the Linux kernel infringed on its patent for search technology. Bedrock's patent covers a search and retrieval system that allows records to expire and not be included in the search results. The suit names a long list of Linux kernels it claims infringes on its patent, from kernel 2.4.22.x to 2.6.31.x and "beyond." The Bedrock suit, filed in June 2009, also named a long list of notable defendants because they were users of the technology, including Google, Yahoo, MySpace, Amazon.com, PayPal, Match.com, AOL and others.

In 2009, Red Hat attempted to get the patent overturned by filing a declaratory judgment request with the court.

Despite the verdict handed down this month and made public on Wednesday, the fight may not be over. Sources told Network World that Google is considering an appeal. A Google spokesperson further told Network World: "Google will continue to defend against attacks like this one on the community. The recent explosion in patent litigation is turning the world's information highway into a toll road, forcing companies to spend millions and millions of dollars defending old, questionable patent claims, and wasting resources that would be much better spent investing in new technologies for users and creating jobs."

Meanwhile, users remain vulnerable.

"Under patent law a right holder can make assertions against vendors as well as users. This company apparently went after various Linux users, several of whom are Red Hat customers, which is why Red Hat intervened and filed a declaratory judgment request for the purpose of having the patent declared invalid," patent blogger and intellectual property activist Florian Mueller told Network World. Mueller analyzed the verdict in his .