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Google was the first to go to trial. This finding makes it easier for Bedrock to win its pending cases against the remaining companies. Those companies will either face trial or will negotiate a license from Bedrock to drop the allegations. The case underscores the problems with software patents in the eyes of many intellectual property experts.

"I wouldn't blame the jury for determining that the patent was valid and infringed, and the $5 million amount isn't outrageous considering the large scale on which Google makes use of Linux. The jury may just have applied the law as it stands. But in my opinion the kind of software concept this patent monopolizes shouldn't be patentable in the first place," says Mueller.

The jury upheld the validity of the patent even though it was using the lesser standard of "preponderance of evidence." The Supreme Court earlier this week heard arguments from and i4i over how much evidence should be required to overturn a patent. Microsoft argues that the less restrictive "preponderance" standard should be used and this case shows that even when it is used, a jury may still uphold a software patent.

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