The more successful FOSS gets, the more it becomes a target
Patent trolls are increasingly targeting cloud native open source projects, leading the Cloud Native Computing Foundation and Linux Foundation to make efforts to extend their legal shields over such efforts.
"They chase any broadly adopted technology," explained Joanna Lee, VP of strategic programs and legal at the Cloud Native Computing Foundation , a part of The Linux Foundation."It's a numbers game and it's more profitable to chase broadly adopted technologies.", because it has become ubiquitous. She pointed to the Kubernetes project, which has been hit with more NPE claims than any other cloud native software.
"The more ubiquitous something is, the easier it is for an NPE to identify it as a potential target ," explained Shawn Ambwani, co-founder, chief operating officer, and SVP of legal at Unified Patents, in an interview with"Unfortunately, most of the time, as has been seen over and over again, these patents are invalid.
About 98 percent of NPE infringement claims are settled, according to Unified Patents. But when challenged, 67 percent of NPE claims lose when reviewed by the US Patent and Trademark Appeals Board – after years of effort and an outlay of $200,000 to $500,000. For NPE claims taken to a District Court, 74 percent lose, at a cost of $1 million to $5 million over two to five years.
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