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Technology Stocks : Newbridge Networks
NN 14.04-1.2%3:59 PM EST

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To: gbh who wrote (14102)10/29/1999 11:41:00 PM
From: zbyslaw owczarczyk  Read Replies (3) of 18016
 
Now Newbridge lawyers are leveling the same accusation against
Lucent. In court papers, they say Lucent misused the procedures of
not only the ATM Forum but also the Frame Relay Forum, ITU and
American National Standards Institute.

Lucent "abused the standard-setting process by failing to disclose
Lucent's alleged proprietary position on a proposed or adopted
standard," and then "tried to extract anticompetitive royalties from
those relying on the standards."

nwfusion.com

Now you tell us

Some of Lucent's antagonists raise other questions about standards.
For example, the two congestion-control patents that Lucent claims
Newbridge and Cisco are violating were awarded in September 1988.
They have proven key to the development of ATM and frame relay in
the 1990s.

But it was not until September 1996 that Lucent officially disclosed to
the ATM Forum that it held these two patents. In letters available on
the ATM Forum's Web site, Lucent said it was not prepared to waive
its rights to these patents, adding that they related to two ATM Forum
standards: User-Network Interface 3.1 and Traffic Management 4.0.

The problem: Both these standards were already finalized - UNI 3.1
in 1994 and TM 4.0 in 1996. [See what ATM patents Lucent - and
other companies - claim]

And other companies have generally posted patent assertions while
standards were still being considered.

"That's a no-no as far as I'm concerned on Lucent's part," says Mary
Petrosky, an independent technology analyst in San Mateo, Calif.
Asserting patents so late in the game "is a hardball method for one
vendor to distract a competitor, to slow down a vendor or just suck
money out of them through the legal fees," she says.

Cisco and Newbridge lawyers also cite a May 1996 antitrust consent
decree between the Federal Trade Commission and Dell regarding a
standard called VL-Bus. The FTC charged that Dell began asserting a
1991 patent on that technology only after the PC industry had
shipped 1.4 million units using the approved VL-Bus specification.

The FTC ruled that Dell "unreasonably restrained competition" by
forcing rival manufacturers to "delay their use of the design standard
until the patent issue was clarified." [Read more about the VL-Bus
ruling]
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