Presentation by Name: Khoa Phung Date: 3/19/2008

Confidential Agenda History Technical Details Controversy Result

Confidential History Patents involved developed by Wang Labs, Inc. 5,206,951 (filed Apr 1991, issued in Apr 1993) 5,226,161 (filed Aug 1992, issued in Jul 1993) 5,421,012 (filed May 1993, issued in May 1995) Infringement: Sun Microsystems infringed several of Kodak’s patents with its Java programming language Object Oriented Programming Paradigm Timeline: 1983: C++; extension of C with Classes and object-oriented features 1991: Sun created Java for internal use  Wang Labs filed for a Patent 1995: Sun released Java to industry 1997: Kodak acquired Wang Labs, Inc. for $260 million 2002: Kodak filed Lawsuit against Sun Microsystems U.S. District Court for the Western District of New York Kodak seeks $1.06 billion in past royalties 2004: Case resolved

Confidential What is Object Oriented Programming?

Confidential The Three Patents 5,206,951 (filed Apr 1991, issued in Apr 1993) –Integration of data between typed data structures by mutal direct invocation between object managers corresponding to object types 5,226,161 (filed Aug 1992, issued in Jul 1993) –Integration of data between typed data structures by mutal direct invocation between data managers corresponding to data types The method where one program "asks for help" from another program 5,421,012 (filed May 1993, issued in May 1995) –Multitasking computer system for integrating the operation of different application programs which manipulate data objects of different types.

Confidential Why is this case controversial? One program calling another program can be found in almost any operating system or complex application even before OOP Prior Art must be specific. Saying "Unix had this in 1980" doesn't count. Saying "This was described in section 3.4 of Programming Objects in FOO by J Random Academic in 1980" does count. The technology doesn't have to be new to be patented, it just has to extend the technology in a way that's not obvious at the time of filing If SUN lost the case, then several of SUN’s patents would be in question also.

Confidential Why is this software controversial? Software industry evolves very quickly Software has not always been covered by patent law. Software is math. 1+1=2 Abstract algorithm (not patentable), but mathematical algorithm (if useful) Software is more complex than a cotton gin or whatever else you might typically invent in a bricks and mortar world. Legal risks and expenses associated to develop software Patent searches are harder, because software is more abstract

Confidential Result October 1 st, 2004: Kodak won the case. (Remote Method Invocation, Interface Definition Language, Applet Environment) The jury trial came from a town where Kodak is one of the two main employers Since Sun doesn't charge for Java itself, Kodak's strategy is to go after its hardware revenues. Out of court settlement; partnership for over 2 decades What about Microsoft.NET language?

Confidential Questions

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