Computer Security and Cryptography

19.11 PKS/RSADSI LITIGATION

When the “partners” had a falling out, litigation was pursued. The matter ultimately reached the United States District Court for the Northern District of California.

A Markman hearing¹¹ was held in October 1996 before the Hon. Judge Spencer Williams. It consisted of tutorials on cryptography to provide the judge with an understanding of the technical issues. It was the position of PKP that Claims 1 to 6 of the ‘582 patient established their right to all public key cryptosystems. RSADSI advanced the view that the ‘582 claims were means plus function claims and that they were limited to the knapsack cryptosystem described in the specification. Often the courts will decide that a patent revealing a new technology should be given great latitude in its claims. The parties negotiated a settlement before the issue was resolved.