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Re:The 5.7 kernel is out by loeg on Monday June 01, 2020 @02:13AM (#23375834)
Doesn't matter when the code shipped, only when the patents were applied for. The application date on the later patents is 2009.

https://worldwide.espacenet.com/patent/search/family/0407899...

https://worldwide.espacenet.com/patent/search/family/0407898...

Re:The 5.7 kernel is out by toast0 on Monday June 01, 2020 @03:24AM (#23376080)
In a sense, it doesn't matter if the patents are valid or not, but isn't the rule that you have to apply within one year of making the invention available, and shouldn't including it in a release count for that?

(Maybe that rule changed with the big changes around first to file and expiration based on application instead of grant date.)

Re:The 5.7 kernel is out by rayiner on Monday June 01, 2020 @07:26AM (#23377362)
No, you are correct. Publicly shipping the product that implements the invention starts the clock. But here, the parents claim priority to an application filed in 2004. (That means the invention was disclosed in that earlier application, even if it wasn’t specifically claimed.) When you claim priority like that, your 20 years starts running from the earliest priority date. So the patents expire in 2024.