Nature of RSA's patent

Can someone tell me whether RSA claims to hold process patents or device
patents on RSA public-key crypto?

# 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?

If you're interested in details of these patents, I have (at home) a
copy of (almost all of) the "full wrapper" of the four patents held by
Public Key Partners, referenced in RFC1170:

      Cryptographic Apparatus and Method
      ("Diffie-Hellman")............................... No. 4,200,770

      Public Key Cryptographic Apparatus
      and Method ("Hellman-Merkle").................... No. 4,218,582

      Cryptographic Communications System and
      Method ("RSA")................................... No. 4,405,829

      Exponential Cryptographic Apparatus
      and Method ("Hellman-Pohlig").................... No. 4,424,414

A couple of others on The List also have copies of the wrappers.



But it seems you're asking about the existance of a different
type of patent than these?  Or you're clarifying what type of
patents these are?

If they all say "Apparatus" and "Method", is that both a "device" and
a "process"?

						strick

> # 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

Why should my incoming PGP-encrypted communications be automatically considered
"infringing products", since I've got a copy of ViaCrypt PGP that was
produced under license from Public Key Partners?

Phil

Phil writes:

> Why should my incoming PGP-encrypted communications be automatically considered
> "infringing products", since I've got a copy of ViaCrypt PGP that was
> produced under license from Public Key Partners?
> 
> Phil
 
The statute bars import of infringing products, not use of products.


--Mike