Re: Fwd: IPR Notification on RFC 2462 and 2464

[Greg Daley <[e-mail]>]

Hi Margaret,

I'm not sure how this affects the IPR notification,
but I've had a quick look at existing art available
at the time of the patent application.

There are existing specifications of IPv6 autonomous
address configuration in published drafts which
significantly predate the patent application (> 12 months).

This I guess, it substantively the same as the current
RFC2462bis, and RFC2462 (and RFC1971 - August 1996).

The descriptions of Address configuration with DAD were
also described in earlier published drafts:

http://www.watersprings.org/pub/id/draft-ietf-addrconf-ipv6-auto-02.txt

And a fairly complete description of how DAD works (with
different message names) is contained in the earlier version:

http://www.watersprings.org/pub/id/draft-ietf-addrconf-ipv6-auto-01.txt

The latest of these two documents is dated June 5, 1995
(although it may have been received in the repository later?).

Since provisional patent applications have only been supported
for IPR protection since June 8 1995, and the Patent application
for patent number 6,101,499 is April 8, 1998 (and doesn't
reference any provisional application anyway), my guess is that
the existing draft publications provide a clear prior art for
IPv6 autonomous addressing.

Provisional applications description:
http://www.uspto.gov/web/offices/pac/provapp.htm

Actually, given the wealth of existing IPv6 autonomous address
configuration techniques, it's amazing that there's no reference
to them in the description of the patent, made at application time.

Clearly, I'm not able to provide legal advice about this
situation, but the above information may be able to help someone
who is.

Greg Daley.


Margaret Wasserman wrote:
> 
> FYI --
> 
> The official disclosure will probably be posted by the secretariat 
> shortly, but in the meantime I thought that the IPv6 WG should be aware 
> of this incoming IPR notification.
> 
> Margaret
> 
>> Date: Mon, 24 Oct 2005 12:01:49 -0400
>> From: Dan Ravicher <[e-mail]>
>> X-Accept-Language: en-us, en
>> To: Margaret Wasserman <[e-mail]>,
>>         Mark Townsley <[e-mail]>,
>>         Robert Hinden <[e-mail]>,
>>         Brian Haberman <[e-mail]>
>> Subject: Fwd: IPR Notification
>> X-Spam: [F=0.0001020200; B=0.500(0); S=0.010(2005092001); 
>> MH=0.500(2005102404); R=0.010(s3/n722); SC=none; spf=0.500]
>>
>> Dear Ms. Wasserman and Messrs. Townsley, Hinden and Haberman:
>>
>> The Public Patent Foundation ("PUBPAT") formally notified IETF today 
>> of the existence of intellectual property rights that may relate to 
>> technology described in IETF documents.  Specifically, U.S. Patent No. 
>> 6,101,499 ("the '499 patent") owned by Microsoft Corporation may 
>> relate to RFC 2462 - IPv6 Stateless Address Autoconfiguration and RFC 
>> 2464 - Transmission of IPv6 Packets over Ethernet Networks 
>> (collectively referred to as "IPv6").  A copy of the formal 
>> notification appears below.
>>
>> As stated in the notification, although others have disclosed the '499 
>> patent with respect to IPv4, its claims may also relate to IPv6. For 
>> example, claims 1 and 30 could relate to the technology described in 
>> RFC 2462.  However, other than identifying this potential 
>> relationship, PUBPAT takes no position regarding the validity or scope 
>> of the '499 patent.
>>
>> If PUBPAT can provide any further information or be of any other 
>> assistance to IETF in its review of this matter, including perhaps 
>> raising this issue with the entire IPv6 Working Group, should that be 
>> desirable, please do not hesitate to contact me.
>>
>> Sincerely,
>>
>> Daniel B. Ravicher
>> Executive Director
>> Public Patent Foundation
>> 1375 Broadway, Suite 600
>> New York, NY 10018
>> [phone] direct
>> [phone] main
>> [phone] fax
>> [e-mail]
>> www.pubpat.org
>>
>>
>>
>> -------- Original Message --------
>> Subject: IPR Notification
>> Date: Mon, 24 Oct 2005 11:53:54 -0400
>> From: Dan Ravicher <[e-mail]>
>> To: [e-mail]
>>
>> Dear IETF:
>>
>> Pursuant to IETF RFC 3979 Section 6.1.3, the Public Patent Foundation
>> ("PUBPAT") hereby notifies IETF of the existence of intellectual
>> property rights that may relate to technology described in IETF
>> documents.  Specifically, U.S. Patent No. 6,101,499 ("the '499 patent")
>> owned by Microsoft Corporation may relate to RFC 2462 - IPv6 Stateless
>> Address Autoconfiguration and RFC 2464 - Transmission of IPv6 Packets
>> over Ethernet Networks (collectively referred to as "IPv6").
>>
>> Although IETF was previously notified of the '499 patent with respect to
>> IPv4 related documents (see
>> http://www.ietf.org/ietf/IPR/MICROSOFT-499.txt and
>> https://datatracker.ietf.org/public/ipr_detail_show.cgi?ipr_id=554), the
>> '499 patent's claims, including for example claims 1 and 30, could
>> possibly be read as also relating to IPv6.  However, other than
>> identifying this potential relationship, PUBPAT takes no position
>> regarding the validity or scope of the '499 patent.
>>
>> If we can provide any further information or be of any other assistance
>> to IETF in its review of this matter, please do not hesitate to 
>> contact me.
>>
>> Sincerely,
>>
>> Daniel B. Ravicher
>> Executive Director
>> Public Patent Foundation
>> 1375 Broadway, Suite 600
>> New York, NY 10018
>> [phone] direct
>> [phone] main
>> [phone] fax
>> [e-mail]
>> www.pubpat.org
>>
> 
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