You have to look at the steps.
A patent is a recipe for 'creating' the invention. You do A, and B, and C, and then D, and then furthermore E... etc etc. You have to look at those steps and understand what they mean to see what the actual patent is about.
So if the patent says 'You need to do A, B, C, and D' and Gnome does "A, B, and D", but not C... then Gnome doesn't violate the patent.
Changing the behavior of the application or showing how the application doesn't follow all the steps outlined in the patent is probably the most effective way to 'defeat' a patent.
But regardless it's a frivolous lawsuit that will likely cost Gnome a lot of money and time for no good reason.
I would be very surprised if an org like the EFF didn't step in and do a lot of free work. I'd gladly pay into a legal defence fund specifically to ensure that the word on the street is that patent trolls going after open-source developers get taken to the cleaners.
I mean, if you're looking for that, the Viking lander in 1976 did the same thing: transmit a digital image from the capture device, filter and save it at the other end. Even Mariner 4, in 1964 might fit those criteria.
https://www.uspto.gov/patent/first-inventor-file-fitf-resour...
No, it just removes the question of when an invention happened. Under first to invent, if two similar patents are filed, there is some effort required to determine which was invented first, and gets priority. Under first to file, it's much simpler to determine.
Prior art is still a reason to deny a patent, and patent examiners are still likely to miss it.
If I published it before you filed though, that's prior art. Again, I'm not super familiar with details here of if it had to be published for some time or just the day before is fine.
I love this as prior art. The Viking lander was definitely "a mobile device", was wireless and transferred images. I think the only question might be if the "filtering" involved qualifies.
Commercial digital TV was first introduced in the US in 1994, also predating this patent. That's fairly well known and widespread, also all of the TVs all of us own and which are part of FCC standards violate this patent.