Subject: RE: [Asrg] C/R patents

From: "Hallam-Baker, Phillip" <[email-masked]>
Date: Mon, 12 May 2003 06:17:25 -0700

The patent is currently being littigated between the 
alleged holder and Earthlink. 

It is unlikely that the alleged patent claims will have
any effect beyond a statement in any draft that they have 
been asserted.

While the IETF does have an essential policy of RAND+RF
(you have to meet both, not either) it is written to 
allow precisely this situation to be accomodated. The
guy has his patent, we know the prior art, we continue
on the basis of what we believe to be the case, that the
patent claims are unenforceable.

The worst case that happens is that the draft never 
becomes a standard.

		Phill

> -----Original Message-----
> From: Eric Dean [mailto:[email-masked]]
> Sent: Sunday, May 11, 2003 10:00 PM
> To: Yakov Shafranovich; [email-masked]
> Subject: RE: [Asrg] C/R patents
> 
> 
> 
> I would have to say
> a) We really don't know if we will "originate" anything 
> here...maybe the
> final product will deviate considerably from the issued 
> patent..won't know
> until we try
> b) Intellectual property is not a new issue for the IETF.  
> There are many
> big named vendors that wind up playing nice with their own 
> components.  I
> would have to ask the chair here to go up the chain and ask 
> how such an
> effort might impact our work.
> 
> You'd think my annual dues would mean that the IETF have some big name
> lawyers on staff 8-)
> 
> > The question is if there are possible patents involved even 
> though there
> > might be prior art in place, who is willing to go ahead and sue
> > the owners?
> > And in regards to ourselves, will the possible legal liability or
> > licensing
> > fees, make companies and admins think twice before 
> installing any kind of
> > C/R system?
> 
> 
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