🚀 go-pugleaf

In article <1991May17.103356@wsl.dec.com> mcnally@wsl.dec.com writes:
>Does the fact that the implementation was to be given away with no thought of
>profit affect the infringement?

You infringe a patent if you make, use, or sell the patented invention in
the United States (or outer space).  It doesn't make any difference for
infringement whether you give it away or not.  It may affect damages awarded,
though, but those would probably be based on lost sales or royalties for the
patent owner.

>If I implement RSA without using it, do I
>immediately have to start paying royalties?

Depends on what you thing a court might think "making" the invention means.
It's possible.

>What if I just send encrypted messages to myself?

Use in the United States is infringement.  Damages might be small, though.

>What if I understand the algorithm to the extent that
>I can encrypt and decrypt messages in my head?  What if I and a friend can
>both do this and speak to each other in ciphertext?

In this hypothetical situation, there is a strong possibility that the patent
is invalid, depending how easy it is to do in one's head.

>I know that sounds silly, but my point is this: if I use information from the
>patent without profiting from it, what grounds are there for suit?

The grounds for a suit are simple.  Infringement of the patent through use.
The question is not whether you are profiting, but whether there is a loss to
the holders of the patent.

>Alternatively, if I set up a royalty deal for some percentage of my profit,
>and I make none whatsoever, where's the problem?

No problem there, because the patent holder agreed to what you are doing.  But
many royalty agreements contain a minimum royalty payable whether you are
giving it away or not.

				Lee Hollaar
				Professor of Computer Science
				Registered Patent Agent