Why Red Hat Thinks You Should Join

David Perry

Like many companies, Red Hat is concerned with abuses of the patent system, including suits by patent assertion entities (PAEs). We have argued against patents on software before the PTO and the U.S. Supreme Court. In our recently updated Patent Promise, we have pledged not to assert Red Hat patents against open source software. We have supported legislation to undermine patent assertion entities, including the America Invents Act.  In addition, we are members of various organizations that aggregate risk to weaken patent assertion entities, including the Open Invention Network, RPX and Unified Patents. And we have vigorously defended ourselves and our communities against PAEs, including winning a motion to dismiss (based on the non-patentability of a software patent) in patent trolls’ home court—the Eastern District of Texas.

Becoming part of the LOT Network is the latest chapter in our efforts to solve the problem of patent assertion entities. As a founding member of the LOT Network, Red Hat is committed to broadening its reach. This serves the community generally and also advances our business. Being part of the LOT Network identifies us to our community as a trusted patent steward. We can assure our inventors (who are generally skeptical of software patents) that we will license our patents free to the entire LOT Network community in the unlikely event one ever falls into PAE hands. There is broad protection in this license for the open source community.

As a founding member of the Open Invention Network (OIN), we encourage other OIN licensees to consider joining the LOT Network. About a third of OIN members have already done so.  LOT complements OIN. Whereas OIN creates a patent no-fly zone around Linux ecosystem patents, the LOT Network protects companies from all types of PAE patents. OIN’s CEO Keith Bergelt recommends OIN licensees join the LOT Network: “As part of a holistic approach to defensive patent management, I recommend OIN licensees strongly consider participating in the LOT Network. The LOT Network is a natural complement to OIN’s patent non-aggression license.”

Red Hat believes the LOT Network will help to weaken the threat patent trolls pose to operating companies, including those that distribute free and open source software.  We recommend others consider joining.

David Perry is a seasoned patent litigator with fifteen years of experience at top law firms and with leading technology companies. As Senior Patent Counsel at Red Hat, David is responsible for managing the company’s commercial litigation, including defending against patent assertions. David also assists the intellectual property practice group with a range of patent issues, including answering patent inquiries, reviewing patent acquisition opportunities, analyzing the defensive capabilities of Red Hat’s patent portfolio, and supporting important third-party patent-related alliances.