From: rschlafly@attmail.com (Roger  Schlafly)
Date: Fri, 12 Apr 1996 21:18:57 +0800
To: cypherpunks@toad.com
Subject: Pub Key patent update
Message-ID: <rschlafly1030647070>
MIME-Version: 1.0
Content-Type: text/plain



The battle over the public key patents continues, with no end in sight.
Recent events:

* Cylink tried to get a preliminary injunction against RSADSI shipping
BSAFE for contributory infringement of the Stanford patents.  The judge
denied it, saying there was doubt about the validity of Diffie-Hellman
and about the scope of Hellman-Merkle.

* Cylink is appealing the preliminary injunction denial to the Federal
Circuit.

* Cylink's lawsuit to break the MIT RSA patent on obviousness and other
grounds is scheduled to goto trial on July 9 before an LA judge.  I don't
know where the trial will be held.

* RSADSI had a license to the Stanford patents dating back to around
1987, and it argues that it covers BSAFE customers.  Cylink recently
demanded a 5% royalty, and when RSADSI refused, Cylink unilaterally
terminated the license.  Cylink is now adding a direct infringement
claim against RSADSI.

* RSADSI and PKP motions for dismissal of my charges have left most
of them intact.  In particular, the antitrust charge is still alive.

* My motion for summary judgment on the invalidity of the patents is
technically still pending, but the judge shows no sign of ruling
anytime soon.  If my arguments were either clearly correct or clearly
incorrect, he would have ruled by now.  I cannot predict what will happen.

* Trial on the Stanford patents is likely this summer.  RSADSI is
trying to postpone it.

Roger Schlafly

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