The def fence that opposition is bringing up is that fact that newegg had the choice to stop using RC4 but did not because they did not know of the patent. They even brought celebrities in the cryptography world including one of the creators of RC4 Ron Rivest. Who created the cipher two years before the patent was created at RSA Security. As well as well known cryptographer William Diffie which has created a lot of different solutions to cryptography problems.
Here is an expert from the article
"We've heard a good bit in this courtroom about public key encryption," said Albright. "Are you familiar with that?"
"Yes, I am," said Diffie, in what surely qualified as the biggest understatement of the trial.
"And how is it that you're familiar with public key encryption?"
"I invented it."
But even with all of this testimony and the knowledge that TQP Development only sues other companies for infringing on patents newegg had to pay 2-3 million in damages. This is a sad day, that a respectable company standing up for what they know is right is unable to write a wrong.
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