Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Filing 845

MOTION for Judgment as a Matter of Law Regarding Invalidity (Renewed) by Yahoo! Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 - Declaration of Alexey Kuznetsov - DX-48, #3 Exhibit 2 - Source Code - key.c - DX-37, #4 Exhibit 3 - U.S. Patent 5,121,495 - DX-65, #5 Exhibit 4 - Application Approval for Filing - DX-57, #6 Exhibit 5 - U. S. Patent 6,119,214 - DX101, #7 Exhibit 6 - U.S. Patent 4,996,663 - DX-64, #8 Exhibit 7 - Donald Knuth, Sorting and Searching, vol. 3, of The Art of Computer Programming - DX-98, #9 Exhibit 8 - Kruse, "Data Structures and Program Design" - DX-108, #10 Exhibit 9 - Daniel F. Stubbs and Neil W. Webre, Data Structures with Abstract Data Types and Pascal - DX-118, #11 Exhibit 10 - Kuznetsov email to Day re contact request - DX-436, #12 Exhibit 11 - Absher email to Kuznetsov re Linux route.c question - DX-440, #13 Exhibit 12 - Kuznetsov email to Absher re Linux route.c question - DX-441)(Doan, Jennifer)

Exhibit 10

From:
Sent:
To:

CC:
Subject:

Alexey Kuznetsov
Tuesday, October 20, 2009 10:17 AM
Nathan Day
[e-mail]
Re: FW: contact request

Hello!
> A company is claiming that they own a patent that covers the rt hash and
> rt intern hash functions in route.c. The patent is:
> http://wwW.google.com/patents/about?id=X4QXAAAAEBAJ.
This is ridiculous. The patent is obviously invalid, hashing
cannot be covered by a patent, it is described in all the textbooks
since Computer Science emerged. :-)
Even formally the patent is filed on Jan 2, 1997. The code in net/ipv4/route.c
was written in 1995 (see linux kernel source archives) and got to its final
stable version in linux-2.0, which is dated by Jul 1996. Since that
time code was only optimized, all the history is linux repositories.

>
We are trying to
> find where the code came from to find out if there are code examples
> that existed before the patent was issued.
1. Any textbook.
2. As I said above, the code itself was writen before the patent has been
issued.
> Would it be possible to discuss this further with you?
No. I wrote tens of thousands of code during my life
and hope to write some more. :-) I definitely cannot devote
remaining years of my life to collect memories how I invented
that or another trivial thing. Probably later, when I will write
some memoires. :-)
Alexey

Defendants' Exhibit
Exhibit No. 436
Case No. 6:09-cv-00269-LED

Highly Confidenlial- Plaintiff's Outside Counsel Only

SOF0062019