Path: utzoo!telecom-request Date: Wed, 8 May 91 01:56 GMT From: "Donald E. Kimberlin" <0004133373@mcimail.com> Newsgroups: comp.dcom.telecom Subject: Hayes Wins Damages on its Command Set Patent Message-ID: Organization: TELECOM Digest Sender: Telecom@eecs.nwu.edu Approved: Telecom@eecs.nwu.edu X-Submissions-To: telecom@eecs.nwu.edu X-Administrivia-To: telecom-request@eecs.nwu.edu X-Telecom-Digest: Volume 11, Issue 347, Message 3 of 10 Lines: 38 The "Hayes AT Command Set," a defacto standard used by virtually every dial-up modem for more than a decade, has had some of its functions patent protected, but that has not kept it from being virtually freely used. Perhaps Hayes has kept a low profile on the matter, preferring to let its name be spread by such wide use. However, some news did recently occur that Hayes will, on occasion protect its rights. The following is excerpted from an electronic newsletter called {The Teleputing Hotline}, dated April 30, 1991: "HAYES WINS DOUBLE DAMAGES IN PATENT SUIT "The Hayes modem standard now has the force of law. U.S. District Judge Samuel Conti doubled damages owed by Everex Systems, VenTel and OmniTel to Hayes Microcomputer Products for "willful violation" of the Hayes modem patent. The patent, for an escape sequence with guard time, is at the heart of the `Hayes AT' command set since it specifies how a PC will go from the online mode to the command mode. Hayes compatibility has become a de facto standard in PC modems of all speeds. Conti, who also awarded Hayes court costs, said that willful infringers must not be allowed to wait five or six years, then pay a low 1.75% royalty to the owner of a valid patent. "Dennis Hayes said that, since a jury found in January his patent was valid, `a number of people have come forward and talked to us about licenses. Some have been concluded agreements and some negotiations are underway.' The defendants in San Francisco will appeal, and Hayes must also defend itself in Minneapolis against another infringer, Multitech. Hayes added that the U.S. policy, increasing protection for copyrights and patents, is now being emulated worldwide." ----------- (Those interested in obtaining a subscription to {The Teleputing Hotline} can contact the publisher at: 215 Winter Avenue, Atlanta, GA 30317; FAX: 404-378-0794; Phone: 404-373-7634; MCIMail: 409-8960; GEnie: nb.atl; CompuServe: 76200,3025.)