Software Tree, a Silicon Valley database company that develops object-relational mapping technologies, has filed a lawsuit against Red Hat, alleging that the Java-based JBoss application server infringes on one of its patents. The suit also names several of Red Hat's allies, including hardware-maker Dell, which sells a Red Hat appliance that comes preloaded with JBoss.

Red Hat acquired JBoss in 2006 for $350 million, a move that effectively turned the Linux distributor into a major target for patent infringement litigation. Database technology is a patent minefield and there are quite a few broad patents that cover various fundamental aspects of object-relational mapping.

Patent suits pose an especially challenging problem for Red Hat, because conventional patent settlements are not particularly compatible with the open source development model. In order to obtain broad protection for downstream redistribution, the terms of the patent settlement agreements have to be much more expansive than they are typically. When Red Hat settled a database patent dispute last year with Firestar and DataTern, the company was able to secure such terms. The patents were later invalidated by Sun.

According to the complaint, which Software Tree filed in the patent-troll-friendly Eastern District of Texas, JBoss infringes on patent #6,163,776, which describes a "system and method for exchanging data and commands between an object oriented system and relational system." The filing also says that the patent was reexamined in 2008 and found to be valid and enforceable. Compared to the Firestar suit, it could be much harder for Red Hat to make this go away.

Ironically, Red Hat cited the Software Tree patent as prior art during its battle with Firestar. Software Tree uses this is as the basis to argue that Red Hat's infringement was willful—a transgression that could treble the amount of damages that Red Hat would have to pay if Software Tree wins the suit.

"Red Hat's actual knowledge [of the patent] is manifested in another third-party patent infringement lawsuit involving the relevant technology, and the '776 Patent was cited by this Defendant as a prior art reference. Red Hat's infringement is therefore willful," the lawsuit says.

In addition to calling for the court to grant it payment of treble damages, Software Tree also wants an injunction imposed on Red Hat to block distribution of JBoss. Software Tree demands a jury trial to resolve the dispute.

Red Hat is currently fighting off an unrelated patent infringement lawsuit from patent-holding company IP Innovations over desktop software user interfaces.

At the Southern California Linux Expo last month, Red Hat vice president and assistant general counsel Rob Tiller discussed the problems with the patent system and the need for reform. He pointed out that the cost of software patent litigation since 1994 has vastly exceeded the profit generated by software patent licensing during the same period. He is hopeful that much-needed reform legislation will finally arrive this year.