IP Innovation LLC has just filed a patent infringement claim against Red Hat and Novell. It was filed October 9, case no. 2:2007cv00447, IP Innovation, LLC et al v. Red Hat Inc. et al, in Texas. Where else? The patent troll magnet state.

The first ever patent infringement litigation involving Linux. Here’s the patent, for those who can look at it without risk. If in doubt, don’t. Here’s the complaint [PDF].

And now let’s play, where’s Microsoft? You know, like where’s Waldo? Betcha he’s in the tree’s leaves somewhere if we look close enough. We had our first hint when Steve Ballmer said in his speech the other day that he figured other folks besides Microsoft would want Red Hat and FOSS to pay them for their patents. Remember? Is he a prophet or merely well informed? Or is there more to this? When I lay out all the research, you can decide.

The plaintiff is asking for an injunction, along with damages:

Plaintiffs IP Innovation and Technology Licensing Corp. claim to have the rights to U.S. Patent No. 5,072,412 for a User Interface with Multiple Workspaces for Sharing Display System Objects issued Dec. 10, 1991 along with two other similar patents.

Defendants Red Hat Inc. and Novell have allegedly committed acts of infringement through products including the Red Hat Linux system, the Novell Suse Linex Enterprise Desktop and the Novell Suse Linex Enterprise Server.

“Red Hat’s and Novell’s infringement, contributory infringement and inducement to infringe has injured plaintiffs and plaintiffs are entitled to recover damages adequate to compensate them for such infringement but in no event less than a reasonable royalty,” the original complaint states.

The plaintiffs also allege that defendants received notice of the patents, therefore the infringing activities have been deliberate and willful.

Plaintiffs are seeking an injunction from the court, increased damages and other relief that the court or a jury may deem just and proper.

T. John Ward Jr. of Ward & Smith Law Firm in Longview is representing the plaintiff.

The case has been assigned to U.S. District Judge Leonard E. Davis.

Oh Come on now after RIAA they think they have something to prove!! The Trolls are out, now lets see where this goes.