From: Mike Godwin <mnemonic@eff.org>
Date: Mon, 14 Mar 94 11:32:56 PST
To: strick@osc.versant.com (strick -- strick AT versant DOT com -- henry strickland)
Subject: Re: Nature of RSA's patent
In-Reply-To: <9403141857.AA01436@osc.versant.com>
Message-ID: <199403141932.OAA18636@eff.org>
MIME-Version: 1.0
Content-Type: text/plain


 
> # From: Mike Godwin <mnemonic@eff.org>
> # 
> # Can someone tell me whether RSA claims to hold process patents or device
> # patents on RSA public-key crypto?
Here's why I'm asking.  The relevant statute is 35 USC 271(g):

 "Whoever without authority imports into the United States or sells or uses
 within the United States a product which is made by a process patented in
 the United States shall be liable as an infringer, if the importation, sale,
 or use of the product occurs during the term of such process patent. In an
 action for infringement of a process patent, no remedy may be granted for
 infringement on account of the noncommercial use or retail sale of a product
 unless there is no adequate remedy under this title for infringement on
 account of the importation or other use or sale of that product. A product
 which is made by a patented process will, for purposes of this title, not be
 considered to be so made after--

        1) it is materially changed by subsequent processes; or
        2) it becomes a trivial and nonessential component of another
 product."

I've got a guy who's telling me that PGP-encrypted communications sent
into the U.S.A. from abroad can be stopped at the border as infringing
"products," pursuant to this statute.

It's relevant to the argument whether RSA claims to hold process patents
or product patents.

The definitions of "product" and "import" are also relevant.



--Mike