> Overall assessment. One important feature of NTRU is that because it has been around for longer, its IP situation is more clearly understood. The original designers put their patents into the public domain [113], in addition to most of them having expired.
> As noted by the submitters, NTRU may not be the fastest or smallest among the lattice KEM finalists, and for most applications and use cases, the performance would not be a problem. Nonetheless, as NIST has selected KYBER for standardization, NTRU will therefore not be considered for standardization in the fourth round.
https://nvlpubs.nist.gov/nistpubs/ir/2022/NIST.IR.8413.pdf
"NTRU is obviously legal and perfectly suitable, but we're not picking it." I find this to be a baffling position given the as-yet-unsolved patent issues with KYBER.