In this talk the patent context of open source and Linux will be outlined including the evolution from the SCO litigation through to the Mobile Patent Wars. As part of this history the formation and operational evolution of OIN from passive to active deterrent will be discussed with an eye toward providing OpenStack Foundation members the benefit of OIN's experience as well as offering a set of considerations designed to aid in shaping the Foundation's IP policy. This session will be presented by Keith Bergelt, CEO of Open Invention Network, in the hope of ensuring the Foundation's IP policy advances the OpenStack project's goals and is coherent with OIN's community-based approach to the preservation of freedom from patent aggression.