In performing my own patent searches, I've come across two patents that
are surprisingly close to what Visa and MasterCard are doing with 3D Secure
and SPA. I know AT&T has many patents they've lost sight of. Could these
patents be yet another valuable piece of IP AT&T has no idea they own?
Patents:
Patent No. 6,023,682
Patent No. 6,052,675.
Links:
http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/srchnum.htm&r=1&f=G&l=50&s1='6,023,682'.WKU.&OS=PN/6,023,682&RS=PN/6,023,682
http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/srchnum.htm&r=1&f=G&l=50&s1='6,052,675'.WKU.&OS=PN/6,052,675&RS=PN/6,052,675
Unless they're being licensed, MasterCard's Maestro solution appears to
literally infringe '675. To my reading, Maestro uses a preauthorization
process that is identical to the claims of this patent. It's not clear if
SPA infringes '675, but an implementation of it could. Doesn't Kaedemon use
a preauthorization scheme too?
Moreover, 3D-Secure seems to induce infringement of '682. The
independent claims of '682 describe the 3 domains of 3D secure and the
interactions between them. The only issue preventing literal infringement
is whether a "shared secret key" is used to verify the 3D Secure password.
Which is an esoteric implementation choice. And given that a shared secret
key is the best solution (i.e. it prevents the password from having to cross
the wire) the optimal 3D secure solution appears to infringes '682.
Even if no shared secret exists, a 3D Secure solution could be found to
infringe under the Doctorine of Equivalents, couldn't it?
What are Visa and MasterCard doing about these patents? If they aren't
licensing them, aren't they infringing? Is it sufficient for Visa and
MasterCard to license these patents, are do vendors and banks have to also?
Jack A. Hudson
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