Subject: RE: TBRPF source code is available

From: Ken Peirce <[email-masked]>
Date: Wed, 12 Dec 2001 14:01:54 -0800

FYI - After reading the licensing agreement at the SRI web site for the
TBRPF source code, I decided to see which aspects of the protocol were
protected by the patent(s). I will not say anything regarding their
disposition/value, as I am not an attorney. I do, however, think that it's
important to see what precisely is claimed by SRI when considering the use
of TBRPF (and the same for any other patent-encumbered protocol) from
amongst the many MANET protocols. 

Anyone interested in looking at SRI's european patent application can go to:

1. http://ipdl.wipo.int/en/search/search.shtml

2. Choose 'guest access'for the PCT Electronic Gazette

3. Set search button to "all"

4. Do a query with the string: in/ogier 

(It's number WO 01/69862)

The USPTO case numbers are (from the priority data field):

60/190,358 16 March 2000 (16.03.2000)  US 
60/232,047 12 September 2000 (12.09.2000)  US 
60/232,046 12 September 2000 (12.09.2000)  US 
60/248,455 14 November 2000 (14.11.2000)  US 
09/728,211 01 December 2000 (01.12.2000)  US 

If you'd like to get the patent application faster than the per-page mode
offered by the gazette, you can pay for a download from www.derwent.com

Take 2 no-doz and enjoy!

Cheers,
Ken

Note that the opinions expressed in this email are my own and are not those
of Malibu Networks, Inc.

---

From: [email-masked]
Date: Wed, 12 Dec 2001 17:21:10 -0800

Ken,

First, none of the patent applications you listed
include the current version of TBRPF.  A provisional
application was submitted for that only a few weeks ago.
So the patent applications you listed are not relevant.

Second, note that our patent rights statement at the end of our draft 
includes the following sentence: "If SRI's submission (or portions thereof) 
is accepted and becomes part of the IETF standard, then SRI will grant 
royalty-free permission under such patents for both commercial and 
non-commercial uses, to the extent necessary for compliance with 
the standard."

So the patent does not apply to any part of TBRPF that becomes a standard.
The patent protects us in case TBRPF does NOT become a standard.
Many IETF standards are patented.

Richard