Oasis LegalXML eNotarization TC - IPR Disclosure

[rolly.chambers@tprr.com]

John Messing has submitted a draft IPR disclosure statement for information and review by eNotarization TC members. The disclosure concerns his patent with regard to a symmetric key electronic signature method. Please review the following draft and let the TC know if you have question or suggested revisions to the draft, which is below.

Regards,

Rolly Chambers
Chair, Oasis LegalXML eNotarization TC

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DRAFT 05-29-2007

IPR Disclosure Statement of John Messing

Pending adoption by the TC all rights to amend, supplement, modify or withdraw the proposal are retained without limitation.

This is a (first revised proposed) IPR statement regarding licensing under the LegalXML-OASIS eNotarization TC LegalXML-OASIS RF on Limited Terms IPR policy as in force on the effective date hereof, of rights established by US Patent No. ________________ for a symmetric key electronic signature method (hereinafter "the Patent"). Upon adoption of an amended TC charter that has been proposed but not yet adopted to focus the scope of the TC efforts substantially in the form proposed to the TC and acceptance of this proposed IPR statement by vote of the TC and approval by any other necessary authority required under OASIS rules, then under the terms and conditions set forth below:

1. John Messing as patent holder will grant a license co-extensive with the LegalXML-OASIS eNotarization TC LegalXML-OASIS RF on Limited Terms IPR policy in effect on the date of TC approval to any and all users of a symmetric key profile as set forth in a duly adopted LegalXML-OASIS eNotarization TC specification or OASIS standard, provided, each such user shall have notified him, prior to such use, by acknowledged email notification sent to johnmessing@lawonline.biz or by completing a form that is acknowledged by automated return email to be posted on the Lawonline.biz website of the intended use, setting forth the name of the user, the agent if any making the notification, the address, email address, telephone number, country and any other information which shall be reasonably requested, and provided further;

2. The license shall include SUCH necessary claims for a static method of generating a symmetric key electronic signature but shall exclude as not a necessary claim or claims or contribution or participation obligation OR OTHERWISE the method set forth in the Patent of dynamically generating a transactional symmetric key from an identifier derived from the identity of a signer to an enotarized transaction which shall be outside the terms of the license, and provided further;

3. Such licensee shall not contest or have contested the scope, validity, or application of the Patent by offensive or defensive legal action or claim. The license shall become null and void with respect to any entity or individual that asserts, either directly or indirectly, ([e.g.] AS BY WAY OF EXAMPLE BUT NOT BY LIMITATION, through an affiliate, any patent claim or threatens or initiates any patent infringement suit against licensor and/or [its] HIS HEIRS, SUCCESSORS OR ASSIGNS, OR THEIR subsidiaries, or affiliates.  The cessation, termination and/or revocation of the license rights shall extend to all prior use by the entity or individual asserting such patent claim, or threatening or initiating such patent infringement suit.

4. No rights apart from those expressly set forth herein are granted.