back to article Texas judge sends Uniloc packing in Rackspace patent suit

In a rare move, the US District Court for the Eastern District of Texas has granted early dismissal of a patent lawsuit filed by Uniloc against Rackspace, having found that Uniloc's patent described nothing more than a mathematical formula and was therefore invalid. "The early dismissal of this case delivers a clear message …

COMMENTS

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  1. Herby

    Smart Judge!

    Now if others were as smart, including the patent office. The problem is that "prior art" to the patent office is only what is patented, not much else.

    We in the computer field, know that LOTS of stuff is known (possibly "novel") but not patented, and been public for over a year.

    Reach for that clue stick!

    1. Fatman

      Re: Smart Judge!

      IF that judge were truly smart, he would have awarded legal fees and costs against Uniloc for their bringing this case.

  2. Destroy All Monsters Silver badge
    Mushroom

    No-one from that patent troll and their lawyer-mercenary doing the Tyburn jig?

    PITY!

    I hope that at least they are held to FULL INDEMNIFICATION.

  3. ecofeco Silver badge
    Coat

    Yes, but...

    ...did it have rounded corners?

    1. Dazed and Confused

      Re: Yes, but...

      > ...did it have rounded corners?

      Ah, but did they round their corners before or after? wasn't this what the case was about?

      1. cortland

        Re: Yes, but...

        was the case open or shut when it was rounded?

  4. badger31

    "many of the fundamental operations of a computer are pure mathematics and are not patentable subject matter. "

    May I suggest that ALL of the fundamental operations of a computer are pure mathematics and are not patentable subject matter.

  5. Roger Stenning
    Go

    Blody hell!

    Common sense in a US patent court?

    Anyone checked the temperatures downstairs recently?

    1. Ted Treen
      Alert

      Re: Blody hell!

      What's even MORE amazing - common sense in a TEXAS US patent court!

      I think I'll go lie down in a darkened room...

      1. Rampant Spaniel

        Re: Blody hell!

        Well it is nearly April 1st!

        Very glad to see common sense here, unfortunately the judge will likely be deported to one of those west coast pinko commie states over this.

        1. Cubical Drone

          Re: Blody hell!

          As a Californian, I would be glad to welcome him.

        2. Fatman

          Re: ...deported to one of those west coast pinko commie states over this.

          OR Gitmo!!!!!

      2. Anonymous Coward
        Anonymous Coward

        Re: Blody hell!

        It's called the law of average. Over so many stupid cases, ONE of them is bound to end up going inteligently, right?

        If just by chance I mean.

  6. Mike Moyle

    Is Chief Judge Davis new to that post...?

    ...Because CLEARLY he doesn't know how the system works down in that neck of the woods!

  7. Primus Secundus Tertius Silver badge

    Patent 01

    The Onion - America's finest news source - reported some years ago that Microsoft had patented zeros and ones.

    1. streaky
      Paris Hilton

      Re: Patent 01

      The Apple rectangle patent is real though =) USD670286S1 makes me rofl every time I see it, which happens often to remind myself never to buy an Apple device.

  8. Rukario
    Big Brother

    Prior art?

    "Uniloc's patent describes a process where you round the numbers first and then do the arithmetic."

    So back to 2 + 2 = 5

    (For high-enough values of 2 and low-enough values of 5)

    <-- Because 1984 where O'Brien has Winston where he wants him.

  9. Turtle

    Indemnification

    "Rackspace was defended in the suit by Red Hat, which offers its customers indemnification against intellectual property claims under its Open Source Assurance program."

    Notice that "offering indemnification" is something that Google doesn't do for its partners. In spite of the fact that Google is a gazillion times bigger than Red Hat.

    1. Anonymous Coward
      Anonymous Coward

      Re: Indemnification

      "Notice that "offering indemnification" is something that Google doesn't do for its partners"

      Hardly surprising considering that they are well aware that Android contained IP from Oracle, Microsoft, Nokia, etc.

      1. Wang N Staines

        Re: Indemnification

        Nobody has ever been taken to court for using vanilla android. Oracle tried with Google and failed.

  10. Someone Else Silver badge
    Pint

    I'm gobsmacked (which is really hard for someone on this side of the pond)

    Lemme get this straight:

    • A judge
    • in Texas
    • hearing a patent case
    • based on US patent law
    • used his head, and
    • did the right thing

    ???

    Wow! Just plain wow!

    I definitely need a beer!

  11. Alan Brown Silver badge

    Um.....

    "Uniloc's patent describes a process where you round the numbers first and then do the arithmetic"

    Doing that in solar system simulations has planets flying wildly - space:1999 style - in short order.

    That notwithstanding, you'd be surprised how many astrophysicists attempt to do things in that order and wonder why the results don't look like real life.

  12. Trollslayer
    Devil

    The trolls should be

    Hung from the top of a tall Christmas tree by their most treasured dangly bits.

    1. Fatman

      Re: The trolls should be

      But first, subject them to the BOFH's cattle prod a few hundred times!!!!!

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