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Paul:
Not knowing all of the details of the advice asked for,
would a question to a presenter about IPR be acceptable. For
example:
1. "Have you, or your sponsor submited an LOA related
to this proposal?" I assume this would be allowed in the spirit of the
PatCom opinion that if you can announce there is one on file, a participant can
ask if one has been filed..
2. "If your proposal was adopted for inclusion in the
standard and it includes essential intellectual property in which you, or your
sponsor holds rights, will an LOA be submitted to IEEE?" One
most people might evade or finesse per corporate legal
policies.
As we
supposed to disallow any questions about LOAs placed to a
presenter?
--Bob
From: owner-stds-802-sec@LISTSERV.IEEE.ORG [mailto:owner-stds-802-sec@LISTSERV.IEEE.ORG] On Behalf Of Paul Nikolich Sent: Friday, January 07, 2005 12:23 PM To: STDS-802-SEC@LISTSERV.IEEE.ORG Subject: [802SEC] Guidance from PatCom on allowable presentation material Dear EC
Members,
Attached below is communication LMSC has received from PatCom as a result of their deliberations on the '802.11n protest' with specific guidance on presentation materials. Carefully review the requirements for what is allowable (and what is not) in terms of presentation materials addressing intellectual property rights and licensing terms and conditions. Basically, the only thing a participant can mention with respect to IPR is that there is a Letter of Assurance on file. Everything else is off limits. Please make sure your WG/TAG members comply with this policy interpretation. If you have any questions, please contact the PatCom adminstrator, Dave Ringle, . Regards, --Paul Nikolich Chairman, IEEE
802 LMSC ----------
This email is sent from the 802 Executive Committee email reflector. This list
is maintained by Listserv.
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This email is sent from the 802 Executive Committee email reflector. This list is maintained by Listserv.
7 January 2005 Paul Nikolich, At the December 2004 meeting of the IEEE-SA Standards Board Patent Committee (PatCom), you led discussion on an agenda item titled 'Discussion of P802.11n Protest'. You noted that some members of the P802.11n working group requested a clarification of policy from PatCom regarding what would be acceptable to discuss during a working group technical presentation, regarding patent information/statements. PatCom is charged with providing oversight for the use of patents and patent information in IEEE Standards. PatCom is also charged with reviewing patent information submitted to the IEEE Standards Department to determine conformity with patent procedures and guidelines. As empowered by the IEEE-SA Standards Board Bylaws, PatCom has reviewed the information presented and rendered its decision by interpreting the policies and procedures of the IEEE and the IEEE-SA relevant to the issues. In regards to the presentation of information to a standards development group, PatCom has decided the following: 1. After a patent letter of assurance (LoA) has been accepted by PatCom, it is allowable for a presenter to state that an LoA has been filed by a Patent Holder, accepted by PatCom, and listed in the online listing of LoAs at http://standards.ieee.org/db/patents/index.html Anyone seeking a copy of the accepted LoA should contact the PatCom Administrator. 2. Discussion of the content of accepted, submitted, or proposed LoAs is prohibited. 3. Discussion of licensing terms and conditions is prohibited. Sincerely, Ray Hapeman PatCom Chair **************************************************************** David L. Ringle Program Manager - Governance, Policy & Procedures IEEE Standards Activities Department 445 Hoes Lane P.O. Box 1331 Piscataway, NJ 08855-1331 TEL: +1 732 562 3806 FAX: +1 732 875 0524 d.ringle@ieee.org **************************************************************** |