So by now I'm sure you've seen the Red Hat settlement around patent litigation involving Firestar Software, Inc. and DataTern, Inc. Hopefully this patent settlement sets a standard for future patent settlements because it really took into account the nature of open source software development and usage. Here's a few ways that Red Hat made sure they covered open source software developers and users in their agreement:

From Groklaw, patents can now be settled in a way that works for the GPL:

It's also harmonious with GPLv2, of course, but this is history in the making, friends. They settled a lawsuit brought against them in a way that licenses patents without violating the GPL. I'll show you how, but first, so you know I'm not just dreaming, here's the answer I got from Richard Fontana, Open Source Licensing and Patent Counsel, Red Hat, to my question about whether this is the first known GPLv3 patent agreement that works:

Most patent settlements and similar agreements are confidential, but to my knowledge this is the first patent settlement that satisfies the requirements of GPL version 3. Indeed, it really goes further than GPLv3 in the degree to which upstream and downstream parties receive safety from the patents at issue here. (And this is not a case of trying to find a loophole in the GPL, but rather a desire on our part to reach an agreement that provided broad patent protection for developers, distributors and users, while complying fully with the conditions of the licenses of the software we and our community distribute.)

Breaking it down into more detail, as Mark Radcliff points out, Red Hat covered derivative works:

Red Hat reports that the settlement agreement covers derivative works of Red Hat branded products and combinations including Red Hat branded products.

and developers: 

Red Hat has recognized that this traditional approach would not meet the needs of its community and negotiated a settlement that included the upstream members of its ecosystem. The settlement agreement also covers predecessor products of the Red Hat branded product.

As Red Hat says, they covered customers, end users, developers and community. 

So not only is open source software innovating in the software development models and business models but now it's also improving our legal models.

P.S. I'm not an attorney.