[cryptography] patents and stuff (Re: NSA's position in the dominance stakes)

James S. Tyre jstyre at jstyre.com
Sat Nov 20 13:29:45 EST 2010

At 12:11 PM 11/20/2010 -0500, Steven Bellovin wrote:

>Let me repeat a previous question: do you have *any* first-hand 
>experience with patent litigation?  There are a fair number of 
>people on this list who have such experience.  There is at least one 
>attorney on this list (who hasn't posted publicly).

Not that anyone should doubt Steve's word, but that would be 
me.  Mostly I lurk (here and on Perry's on again off again list) 
because I am not a skilled technologist, let alone a crypto 
expert.  But I have represented many in various court matters, I 
learn from them (and from these lists, among other places).

>   Might I *strongly* suggest that people confine their assertions 
> of fact to things that they've experienced, rather than read on a 
> blog or mailing list somewhere?
>As for your specific question: opposing counsel can deal with such 
>issues with good questioning, either during a deposition or during 
>cross-examination on the stand.  If you get the opposing expert 
>contradicting him or herself in front of the jury, or unable to 
>explain to the jury the bad answers in a (videotaped) deposition, 
>the jury will come to the proper conclusions.

The U.S. court system is far from perfect.  Having spent 32 years 
working in it, I think I'm qualified to express that 
opinion.  '-)  But, most of the time (not always), things do work out 
as they should.  What Steve writes aren't the only ways to separate 
truth from fiction, and my point here isn't to write a treatise.  It 
is simply to reinforce what Steve says here and in a few previous 
posts.  Some folks here clearly do not know of what they speak when 
it comes to legal matters.  Such posts are no more helpful than were 
I to write about my (hypothetical) build-a-better-mousetrap-crypto-scheme.

James S. Tyre                                      jstyre at jstyre.com
Law Offices of James S. Tyre          310-839-4114/310-839-4602(fax)
10736 Jefferson Blvd., #512               Culver City, CA 90230-4969
Co-founder, The Censorware Project             http://censorware.net
Policy Fellow, Electronic Frontier Foundation     http://www.eff.org

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