Opsware Virtualization Patent
In January 2007, PUBPAT filed a formal request with the United States Patent and Trademark Office to review a patent held by Opsware Inc. (NASDAQ: OSPW) that relates to remote computer management, but was preempted by the work of open source projects. In its filing, PUBPAT submitted prior art that the Patent Office was not aware of when reviewing the application that led to the issuance of the patent (U.S. Patent No. 7,124,289), described in detail how the prior art invalidates the patent and asked that the patent be revoked. In April 2007, the Patent Office granted PUBPAT's request for reexamination of the patent.
- Patent Office Order Granting Reexamination of Opsware '289 Patent (PDF; 283KB)
- PUBPAT Request for Reexamination of U.S. Patent No. 7,124,289 (PDF; 688KB)
- April 18, 2007: PATENT OFFICE GRANTS PUBPAT REQUEST TO REEXAMINE OPSWARE REMOTE COMPUTER MANAGEMENT PATENT: Government Agency Believes There are 'Substantial Questions' About Whether The Patent Was Preempted by Open Source Projects
- February 12, 2007: OPSWARE REMOTE COMPUTER MANAGEMENT PATENT CHALLENGED BY PUBPAT: U.S.P.T.O. Asked to Review and Revoke Patent That Was Preempted by Open Source Projects