EMC, the majority owner of VMware, has agreed with the Department of Justice not to acquire 33 Virtualization Patents from Novell as part of a side-transaction in the acquisition of Novell by Attachmate. The Statement from the Department of Justice sheds significant light on the deal that had been struck between Novell and a newly-created company formed by Microsoft, EMC, Apple, Oracle to acquire a portfolio of patents for $450M, and the anti-trust threat that the Department of Justice saw to the Open Source community. And whilst the spotlight has been on Microsoft’s role, it seems that the role of EMC in seeking to acquire Virtualization patents was at least as concerning to the Department of Justice.
Under the terms of the original deal, at the same time as Attachmate acquired Novell, a newly-formed company called CPTN Holdings would acquire a portfolio of 882 patents from Novell, and then Microsoft, EMC, Apple and Oracle would each acquire some of these patents from CPTN Holdings. Continue reading DOJ blocks EMC/VMware from acquiring Virtualization Patents from Novell