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RE: FW: Nokia Patent discussion FW: [Dime] First results on Diameter vs. RadSec patent research:EP1147635



Please note that the publication date of RFC 3588 (which included a Nokia author) was September 2003, and that this Nokia IPR claim was submitted to the IETF on January 6, 2004, several months after the Diameter RFC was published. As co-chair of the AAA WG, I would not have allowed RFC 3588 to be submitted to the IESG for publication without WG discussion of the IPR claim, had the IPR claim been submitted prior to publication of the Diameter RFC.




From: <john.loughney@nokia.com>
To: <opsawg@ietf.org>, <dime@ietf.org>, <radiusext@ops.ietf.org>
Subject: FW: Nokia Patent discussion FW: [Dime] First results on Diameter vs. RadSec patent research:EP1147635
Date: Wed, 1 Aug 2007 12:15:02 -0500

Hi all,

I was asked to forward this to the DiME, RADext and OPSA WG mailing lists.

Thanks,
John


	Dear Stefan,

I asked John to forward this message as I'm not a regular on the DIME list. I'm responsible for handling IETF related IPR cases in Nokia.

As you suggested, Nokia believes EP1147635, and other members of the same patent family, are essential to practice RFC3588.

However, I do suggest that you, and other folks interested, contact your respective legal folks regarding the implication of the existence of the patent, in conjunction with our patent declaration. I do not believe that Stefan's claim is correct:

				Every implementation of the
				Diameter base protocol will use the patented technology and
				needs to either license it or will violate it.


In order to help the group to understand our declaration, please allow me to provide a simplistic explanation. As for the binding legal language, please see the declaration itself (cited correctly by Stefan in his original email):


			Nokia agrees not to assert those claims in Nokia above
			mentioned patents that apply to the RFC3588 and are
			technically necessary to implement this IETF standard
			specification against any other party in respect of its
			implementation of the specification, provided that the party
			relying on this commitment does not assert its patents against Nokia.


Our licensing declaration is what is commonly known as a "non-assert" statement. What it says is that if you don't come after Nokia with your patents, Nokia will not use its patents against your RFC 3588 implementation.

Non-assert statements like this are widely used in the IETF, as they are believed to provide sufficient defensive protection for the owner, while still allowing implementers and users to exercise the protected technology without a license and for free, as long as they behave similarly nice (i.e. not going after Nokia with their patents). In that, non-asserts are believed to be compatible with most open source licenses.


	Feel free to contact me in private if you have more questions.

	Best regards,
	Stephan Wenger
	Stephan.Wenger@nokia.com

	 -----Original Message-----

			From: ext Stefan Winter [mailto:stefan.winter@restena.lu]
			Sent: 01 August, 2007 15:28
			To: radiusext@ops.ietf.org; dime@ietf.org
			Subject: [Dime] First results on Diameter vs. RadSec patent
			research:EP1147635

			Hello all,

			(sorry for cross-posting, this may also be of interest for dime)

			when presenting the RadSec draft in IETF69 Chicago, I
			mentioned the patent claims of Nokia concerning Diameter. As a
			reaction, some participants claimed that RadSec itself
			implements a subset of the Diameter features and may very well
			itself be subject to these patents. So I started an
			investigation in this respect.

			I started the research myself by grabbing a copy of patent
			EP1147635 by Nokia, which is claiming to affect Diameter. My
			focus of the patent's examination was whether this patent
			might also affect RadSec.

			The content of this patent is, in short, that packets on a
			network get tagged as "possible duplicate" on retransmission
			in order to make the endpoint aware that the received content
			may be a duplicate of a previous packet. It also provides a
			mechanism to correlate the multiple copies even when the
			packets took different paths through the network.

			Diameter does exactly that, described in section 5.5.4
			"Failover and Failback Procedures" of RFC3588: a bit in the
			Diameter header, the "T" bit, is set whenever a Diameter
			packet needed to be retransmitted. Also, Diameter packets
			carry an end-to-end identifier that makes it possible to
			identify duplicates.

			This means that at least from my point of view, Nokia's claim
			concerning Diameter is true. Every implementation of the
			Diameter base protocol will use the patented technology and
			needs to either license it or will violate it.
			(Note: I am not a lawyer. This is just my interpretation;
			consider my knowledge being "Slashdot-level").
			From the wording in this section 5.5.4 and the explanation of
			the T bit in chapter 3, it seems that setting the T bit is
			mandatory on retransmissions, so adhering to the protocol
			specification leaves no room for circumventing the content of
			the patent (e.g., by keeping it 0 at all times).

			Luckily, RadSec does not implement such a sophisticated
			duplicate packet detection algorithm. So, this particular
			patent appears not to be of any concern for implementors of RadSec.

			I will continue investigating the bunch of other patents and
			patent applications relating to Diameter as soon as I get
			copies of them. For reference, here is Nokia's claim statement
			concerning Diameter (as submitted to the IETF IPR tracker):

			----------

			Title: Nokia's Statement About IPR Claimed in RFC 3588
			Received: January 6, 2004
			From: harri.t.honkasalo@nokia.com

			This is to advise the IETF that Nokia believes the Nokia
			patents: EP1147635 and AU757984, and the related patent
			applications: BRPI0007603-1, CA2360093, CN00804050.8, FI990102,
			JP2000-595452 and US09/903863 may be relevant to Diameter Base
			Protocol RFC3588.

			Nokia agrees not to assert those claims in Nokia above
			mentioned patents that apply to the RFC3588 and are
			technically necessary to implement this IETF standard
			specification against any other party in respect of its
			implementation of the specification, provided that the party
			relying on this commitment does not assert its patents against Nokia.

			Regards,

			Harri Honkasalo

			Director of IPR, Standard Technology

			Nokia Corporation

			----------


			Greetings,

			Stefan Winter

			--
			Stefan WINTER

			RESTENA Foundation - Réseau Téléinformatique de l'Education
			Nationale et de la Recherche R&D Engineer

			6, rue Richard Coudenhove-Kalergi
			L-1359 Luxembourg
			email: stefan.winter@restena.lu     Tel.:     +352 424409-1
			http://www.restena.lu               Fax:      +352 422473


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