US Patent 8,209,687 & 9,654,367
Allowing for the patentese, these do seem to be a rather clear, precise and technically detailed patent.
VMware is set to find itself a little lighter in the wallet after losing a nearly quarter-billion dollar patent-infringement case. A jury in a US federal district court in eastern Delaware on Friday found in favor of Densify, and against the Dell-owned IT giant, in legal battle over basic concepts of virtualization. In doing …
"This begs the other question: if they weren't going to cross licence then why didn't they have a prepared case demonstrating why they didn't need to licence."
My reading of the patent is that there is nothing innovative - it is basically "this stuff you do while monitoring a physical server? We're going to document a method of doing this for VIRTUAL servers"
Would you cross-licence that functionality?
I'm not commenting on the US Patent offices willingness to award patents and let lawyers sort out the details...
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Just saw in another article that they were also hit with trademark infringement for describing something as "yadda yadda yadda allowing the densifying of yadda yadda yadda." Basically, used exactly as how it sounds: increase the density of some feature or performance metric.
Densify is in the dictionary & has nothing to do with IT. It's a treatment for wood to increase its, you guessed it, density.
How in the *+$? did they trademark a word that literally predates their very existence? Patents are one thing, but this is absolutely ridiculous.