We had stateless implemented in 1994 and the company in question was not part of the original ND or Stateless discussions except now via Christian Huitema who is now with the company in question. Also I am sure Bill Simpson can verify prior art and most likely even back to OSI ES-IS. This is really to bad folks.
/jim -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Greg Daley Sent: Friday, November 04, 2005 2:15 AM To: Margaret Wasserman Cc: ipv6@ietf.org Subject: Re: Fwd: IPR Notification on RFC 2462 and 2464 Hi, Sorry to follow myself up, but I have further information which may be relevant to establishment of prior art for IPv6 Stateless Address Autoconf. The previous e-mails' description of existing published documents may only describe 102(a) prior art, (As described by PUBPAT's own information on prior art). As such, it is susceptible to a prior unpublished invention date by the patent holders (documented internally to the patent holder's Lab for example). There seems to be evidence though that FTP software was shipping IPv6 code with SAA more than 1 year before the patent was applied for (August 1996 ship): www.connectathon.org/talks97/helen.pdf This would constitute 102(b) prior art if the presentation's contents were true. In that case, there could not be applicability of this patent to IPv6 Stateless Address Autoconfiguration, so long as the product was available in the USA at the time (as far as I can tell). Greg Greg Daley wrote: > 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 <[EMAIL PROTECTED]> >>> X-Accept-Language: en-us, en >>> To: Margaret Wasserman <[EMAIL PROTECTED]>, >>> Mark Townsley <[EMAIL PROTECTED]>, >>> Robert Hinden <[EMAIL PROTECTED]>, >>> Brian Haberman <[EMAIL PROTECTED]> >>> 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 >>> (212) 796-0571 direct >>> (212) 796-0570 main >>> (212) 591-6038 fax >>> [EMAIL PROTECTED] >>> www.pubpat.org >>> >>> >>> >>> -------- Original Message -------- >>> Subject: IPR Notification >>> Date: Mon, 24 Oct 2005 11:53:54 -0400 >>> From: Dan Ravicher <[EMAIL PROTECTED]> >>> To: [EMAIL PROTECTED] >>> >>> 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 >>> (212) 796-0571 direct >>> (212) 796-0570 main >>> (212) 591-6038 fax >>> [EMAIL PROTECTED] >>> www.pubpat.org >>> >> >> -------------------------------------------------------------------- >> IETF IPv6 working group mailing list >> ipv6@ietf.org >> Administrative Requests: https://www1.ietf.org/mailman/listinfo/ipv6 >> -------------------------------------------------------------------- > > > -------------------------------------------------------------------- > IETF IPv6 working group mailing list > ipv6@ietf.org > Administrative Requests: https://www1.ietf.org/mailman/listinfo/ipv6 > -------------------------------------------------------------------- > -------------------------------------------------------------------- IETF IPv6 working group mailing list ipv6@ietf.org Administrative Requests: https://www1.ietf.org/mailman/listinfo/ipv6 -------------------------------------------------------------------- -------------------------------------------------------------------- IETF IPv6 working group mailing list ipv6@ietf.org Administrative Requests: https://www1.ietf.org/mailman/listinfo/ipv6 --------------------------------------------------------------------