The MPLS WG Archive

[Curtis Villamizar <curtis@workhorse.fictitious.org>]

In message <3AD618F9.56BC0655@juniper.net>, Ping Pan writes:
> Curtis Villamizar wrote:
> 
> > 6 Intellectual Property Considerations
> > >
> > >    Juniper Networks, Inc. is seeking patent protection on technology
> > >    described in this Internet-Draft. If technology in this Internet-
> > >    Draft is adopted as a standard, Juniper Networks agrees to license,
> > >    on reasonable and non-discriminatory terms, any patent rights it
> > >    obtains covering such technology to the extent necessary to comply
> > >    with the standard.
> > 
> > Could you please point out exactly what you think is new and unique
> > about this proposal?
> 
> It's up to the lawyers to decide. ;-) Look, it seems everyone has used
> the similar paragraph for their restoration mechanism. We really have no
> choice. BTW, what's the status of that restoration patent application
> from Bell Labs which your drafts are based on? ;-)

It is not up to the lawyers to decide.  The lawyers provide a service
to the inventors who must indicate to the lawyers what is original and
non-obvious that makes this a patentable invention.  Of course, the
law profession specifically disallows anyone who is not a lawyer from
giving legal advice, so don't consider this legal advice, and go
consult a lawyer.

In my legally unprofessional and uninformed opinion, a lot of the
patent claims we are seeing ar smoke screens and would not stand up on
appeals.  But you have to discount that comment too.

As far as any Lucent patents, they may be negligent in not disclosing
intellectual property claims if they are applying for a patent.  I
don't know of any patent application and I have been led to beleive
that there is none.  I will ask Lakshman.  If the application of their
algorithm to the problem of restoration becomes patented and is not
licensed for a nominal fee, then I'd abandon the work and use an
algorithm of my own design that I had considered prior to finding out
about their work.  It would involve more flooding, but anyone could
use it.

I wish we could get rid of this whole patent system.  It is enormously
counterproductive and hinders technical progress in so many fields.  I
hope networking isn't the next victim of the patent system choking
innovation.

Curtis