Re: [TLS] Document Action: 'TLS Elliptic Curve Cipher Suites with

[Dean Anderson <dean@xxxxxxx>]

On Fri, 4 Jul 2008, Steven M. Bellovin wrote:

> On Fri, 04 Jul 2008 04:11:38 -0400
> Richard M Stallman <rms@xxxxxxx> wrote:
> 
> >     Based on the precedents in the Dell and Rambus cases, it was felt
> > that government enforcement (in the US) would suffice.
> > 
> > Maybe so -- what enforcement does the government do?
> 
> Enjoined enforcement of the patent to implement the standard:
> http://www.ftc.gov/opa/1995/11/dell.shtm
> http://www.abanet.org/antitrust/committees/intell_property/june21.html
> (I seem to recall that in the Rambus case, the government eventually
> lost, but I don't remember the details or the reasoning.)

There is a more recent case where deception of a standards body (the
ITU) was "aggravated litigation abuse".  If there is an interest in the
actual judgement, I'll see if I can get a copy to put online.  Here is a 
reference to WSJ article on the case:

http://www.ietf.org/mail-archive/web/ipr-wg/current/msg05089.html

Judge Rules Against Qualcomm
In Patent Fight With Broadcom
By KEVIN KINGSBURY
August 7, 2007 8:37 a.m.

A federal judge ruled that two Qualcomm Inc. patents related to video
transmission technology can't be enforced because the company
deliberately concealed the patents from a standards-setting group.

The judge, which charged Qualcomm engaged in "aggravated litigation
abuse," ruled Monday that Qualcomm waived its rights to enforce the
patents, related to the H.264 video compression standard used in some
high definition products, because of its conduct. 

The court also decided Qualcomm committed misconduct by failing to
produce thousands of documents related to the case until after the
January trial concluded. In addition, the firm was ordered to pay the
legal fees of Broadcom Corp., which was the defendant in the case.

Qualcomm sued in October 2005, alleging its rival violated video
transmission patents. A jury found Broadcom didn't violate the patents
and that Qualcomm misled the standard setting body, called the Joint
Video Team.


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