See also: W3C staff comments on DRP submission

The following was the enclosure with the message which was received on 1997 August 27

Businesswire release by Novadigm Inc -1997 August 27


    Business Editors & Hi-Tech Writers

    MAHWAH, N.J.--(BUSINESS WIRE)--August 27, 1997--

          Patent Infringement Lawsuit May Impact 
                  W3C Protocol Submission

    Novadigm, Inc. (NASDAQ: NVDM) today said it has warned the 
World-Wide Web Consortium (W3C) that elements of the proposed 
Distribution and Replication Protocol (DRP) may infringe its 
intellectual property rights. The company asked that the consortium 
defer consideration of the proposal, pending resolution of a patent infringement lawsuit Novadigm filed against Marimba Inc. in 
March 1997.
    The lawsuit alleges that Marimba has infringed upon Novadigm's 
existing "fractional differencing" patent, issued in December 1996. 
Based upon a review of documentation made public by Marimba and 
the W3C, Novadigm believes DRP may use techniques similar to its 
patented methods, including DRP's use of differential indexing. 
Neither company has previously commented publicly on the lawsuit.
    Novadigm said it will also notify the other companies involved 
in the DRP proposal of its claims against Marimba. Those companies 
are: Netscape Communications Corp. (NASDAQ: NSCP), Novell Inc. 
(NASDAQ: NOVL), Sun Microsystems (NASDAQ: SUNW), and @Home Network 
    "Standards are clearly a positive force in the industry, but 
the fact remains that this technology is not Marimba's to give 
away," stated Albion Fitzgerald, chairman and chief executive 
officer of Novadigm. "We have invested over six years and thousands 
of hours in perfecting the technologies needed to solve software 
and information distribution problems. This work has resulted in 
production implementations on a scale unmatched by any other 
    "Marimba is a start-up which has garnered much attention, but 
apparently does not respect our property rights. We think that 
Marimba's sudden magnanimous decision to abandon their own patent 
process and donate the technology to open standards  should be 
seen in the light of our already granted patent and the ongoing 
litigation as an exploitative action without regard to the obvious intellectual property issues involved. We own this technology 
and we're going to vigorously defend it, even as Marimba works 
aggressively to use and claim credit for it."
    Fitzgerald said Novadigm was surprised by Marimba's DRP 
proposal, announced yesterday, and is unable to say whether the 
partner companies knew of the infringement claim. "We've remained 
silent about the litigation in order to facilitate a resolution by 
the legal and patent processes we are all supposed to adhere to, 
but dragging the W3C and the Internet community  unknowingly into 
the middle of the dispute is a particularly inappropriate tactic. 
We think Marimba either didn't inform the other companies and the 
W3C of the lawsuit or told them only one side of it," Fitzgerald 
said. "We are hoping the WC3 and Marimba's partners will take 
an equitable and arms-length approach as the matter proceeds 
through the courts."
    Novadigm's counsel advised that the case is in discovery stages 
and that Novadigm is investigating the nature and scope of Marimba's 
alleged infringement.

About The Patent 

    Novadigm's Patent (Number 5,581,764) "Distributed Computer 
Network Including Hierarchical Resource Information Structure 
and Related Method of Distributing Resources" describes the 
processes needed to generate from a common reference model a 
unique content configuration for each target end user, and to 
"difference" the "desired state" configuration  with the 
actual-state of the target, yielding highly granular and very 
specific updates to distributed content automatically. The 
patent covers two central areas:

    · Desired state configuration - processes which incorporate 
essential elements of both "push" and "pull" distribution models. 
By generating from a common  reference model a unique user 
configuration which describes the specific software or content 
a target user should have, producers can automatically 'push' 
content to specific servers, desktops, or users; or groups of 
users. In addition, the 'pull' process provides a means for users 
to control when the flow of information takes place, what 
information is delivered, and where it is stored.
    · Fractional Differencing - processes for comparing and 
contrasting the desired state configuration identifying what 
components a target should have with the resources it actually 
has, resulting in a concise and highly detailed difference 
configuration describing what components are needed - or should 
be removed - to ensure the targeted user is properly configured 
with a minimum of network traffic.

    The technologies protected by the patent are incorporated 
into Novadigm's Enterprise Desktop Manager(tm) software management 
solution. That product is used by some of the most demanding and 
complex information technology organizations world-wide. They are 
also the basis for new Novadigm products which will address 
requirements for efficient desktop management in the Internet 

About Novadigm 

    Novadigm is a leading provider of distributed software 
management solutions that reduce the cost and complexity of 
managing client/server, packaged and Internet software. The 
company's products use a patented 'desired-state' automation 
platform to distribute software across thousands of desktops 
and servers without manual intervention. The company licenses 
its products to Fortune 5000 IT organizations, software vendors, 
and service providers around the World. Novadigm's common stock 
trades on the NASDAQ Stock Exchange under the symbol "NVDM". 
More information on Novadigm, Inc. can be found on the World 
Wide Web at http://www.novadigm.com/ or by calling 800-626-6682.

# # # 

Note To Editors -- Novadigm, EDM, and Enterprise Desktop Manager 
are either trademarks or registered trademarks of Novadigm, Inc. 
All other product, trademark, company, or service names mentioned 
herein are the property of their respective owners. Novadigm, Inc. 
is not affiliated with Novadyne Computer Systems, Inc. of 
Reston, VA.

    CONTACT: Novadigm, Inc.
             Dale Gardner, 703/771-6075

    URL:  http://www.novadigm.com


Tim Berners-Lee, W3C Director
$Date: 1997/08/28 16:22:38 $