Linux Foundation and CNCF Expand Partnership with Unified Patents to Defend Open Source Software from Non-Practicing Entities

Members of the Linux Foundation and CNCF gain access to enhanced patent defense mechanisms to address emerging threats.

VIENNA – September 16, 2024 – The Linux Foundation, in collaboration with the Cloud Native Computing Foundation (CNCF), is excited to announce the expansion of its partnership with Unified Patents to defend open source software against non-practicing entities (NPEs). This enhanced partnership brings new advantages directly to Linux Foundation and CNCF members, to help defend the open source ecosystem against the growing threat of frivolous patent assertions targeting open source and cloud native technologies.

The Linux Foundation has long been a steadfast advocate for the open source community, promoting innovation, collaboration, and the protection of open source software from NPEs, commonly referred to as 'patent trolls'. As the risk and volume of frivolous litigation against open source projects grows, the need to provide accessible protection from NPEs has become crucial. This expanded partnership with Unified Patents, a recognized leader in the fight against NPEs, underscores the Linux Foundation and CNCF's commitment to safeguarding open source projects and their users, who are increasingly the targets of patent trolls.

This initiative builds on the success of previous collaborations with Unified Patents, which have played pivotal roles in defending critical open source projects from unjust patent litigation. In 2019, the Linux Foundation and Unified Patents partnered to create an Open Source Zone to defend projects from NPEs. Through this latest partnership, members of the Linux Foundation and CNCF–over 1300 companies–will gain access to a suite of advantages based on their membership level to assist in proactive NPE defense, including:

• Annual NPE risk analysis
• Patent portfolio analysis
• Access to Unified’s PATROLL prior art bounty program
• Regular updates on NPE activities
• Access to specialized events 
• Option to sponsor specific PATROLL crowdsourcing prior art contests and participate in any royalty-free licenses granted in resulting settlements.

“We are thrilled to deepen our collaboration with Unified Patents," said Mike Dolan, Senior Vice President and General Manager, Projects and Legal at the Linux Foundation. "This partnership not only strengthens our collective defense strategy, but also provides our members with critical resources to navigate and counter the complex NPE landscape.”

“The expansion of our partnership with the Linux Foundation and CNCF is a significant step forward in the ongoing battle against patent trolls,” said Shawn Ambwani, Chief Operating Officer at Unified Patents. “By combining our expertise and resources, we are better equipped to protect the open source community from those who seek to exploit the system for profit without contributing to innovation.”

“As cloud native technologies continue to advance, it becomes even more important to guard against patent trolls that do nothing but hinder the open source ecosystem that drives untold innovation, efficiency, and productivity,” said Priyanka Sharma, executive director of the Cloud Native Computing Foundation. “These advantages will better defend our community and members as well as ensure continued progress for our ecosystem and the cloud native industry at-large..”

The Linux Foundation, CNCF, and Unified Patents encourage the open source community to take full advantage of the new advantages offered through this partnership. Similar to any other technology wave, companies adopting cloud native technologies must prepare for patent assertions by NPEs and actively engage with the resources available to protect their investments.

More information is available at www.linuxfoundation.org/about/members/npe-deterrence and www.cncf.io/npe-deterrence-benefits 

Supporting Quotes

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Linux Foundation

“Our expanded partnership with Unified Patents is valuable to the Linux Foundation and CNCF members, and an exciting development for keeping non-practicing entities at bay. By furthering the availability of resources to mitigate costly litigation from non-practicing entities, we can more effectively protect the open source ecosystem and ensure that innovation continues unencumbered.” — James Zemlin, Executive Director, The Linux Foundation

Unified Patents

“We are honored to be working with the Linux community and CNCF to deter patent trolls / NPEs and improve patent quality,” said Shawn Ambwani, co-Founder and COO, Unified Patents.  “The hundreds of continuing assertions in this space hinder innovation and growth.   Providing support to open source projects, one of the fastest growing economic engines in the knowledge economy stops investment in asserting bad patents which should have never been issued.”

CNCF

“Unified Patents is the ideal partner in this endeavor due their uniquely community-oriented approach to deterring patent aggression, which includes crowdsourced prior art searches and other tools and strategies designed to protect the broader ecosystem,” said Joanna Lee, VP of Strategic Programs & Legal at the Linux Foundation and CNCF. “When it comes to NPEs, a united and coordinated deterrence strategy is far more effective than isolated action. When organizations join forces to safeguard open source innovation through Unified programs, our ecosystem can achieve far more with fewer resources than when individual companies act in isolation to defend themselves against NPE aggression.”

Open Invention Network

“Open Invention Network, Microsoft and the Linux Foundation co-founded the Unified Patents’ Open Source Zone five years ago. Our goal from the beginning has been to hinder NPE patent attacks on open source software,” said Keith Bergelt, CEO of Open Invention Network. “We applaud the Linux Foundation and CNFC working to support additional initiatives that will hamper NPE activities, including this most recent partnership to address the threat of NPEs targeting open source cloud development and use.”

About the Linux Foundation

The Linux Foundation is the world’s leading home for collaboration on open source software, hardware, standards, and data. Linux Foundation projects are critical to the world’s infrastructure, including Linux, Kubernetes, Node.js, ONAP, OpenChain, OpenSSF, PyTorch, RISC-V, SPDX, Zephyr, and more. The Linux Foundation focuses on leveraging best practices and addressing the needs of contributors, users, and solution providers to create sustainable models for open collaboration. For more information, please visit us at linuxfoundation.org

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Media Contact

Federica Nocerino

The Linux Foundation

fnocerino@linuxfoundation.org