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Re: Paent notice in 802.16 paper ubmission template

I am also concerned about the requested statement.  However, I will go a
step further than Geoff.  I recommend that before we vote to add anything
as required boiler-plate we each have our company lawyers review the
proposed wording and see if they have any objections.

We are moving quickly into legal ground.  It is inappropriate for those of
us without law degrees to be making what appears to be rational decisions
on what acceptable legal wording is without getting competent legal

Best regards.

Robert D. Love
Program Manager, IBM ACS - US
Chair IEEE 802.5 Token Ring Working Group
500 Park Offices                   Phone: 919 543-2746
P. O. Box 12195 CNPA/656           Fax: 419 715-0359
Research Triangle Park, NC 27709, USA    E-Mail:

"Geoff Thompson" <> on 12/19/99
02:24:36 PM

Sent by:

To:   Jim Carlo <>
cc:   IEEE802 <>, Denise Pribula <>,
      Gary Robinson <>,,
Subject:  Re: Paent notice in 802.16 paper ubmission template

Absolutely not!

Roger's statement implies (with the phrase: "...if there is technical
justification in the opinion of the standards-developing committee...")
that the WG is examining the patent to see if it is "technically justified"
for inclusion in the proposed standard. That is true where it is "well
known" that something is patented. 8B/10B encoding would be a good example.

The more relevant issue is where it is not known whether material is
patented and a patent hold or applicant contends that they hold IP

If we are going to have a statement I would suggest simply the following:
Patent Policy
The contributor is familiar with IEEE 802.3 Patent Policy. See:


At 12:07 PM 12/19/99 -0600, Jim Carlo wrote:
>I note below that Roger Marks, chair of 802.16, has added the following
>statement to the preferred template for all paper submissions within IEEE
>I think this is a good idea and lets everyone know what the policy is.
>The following goes at the bottom of the cover page of an 802.16
>IEEE Patent Policy
>The contributor is familiar with the IEEE Patent Policy, which is set
>in the IEEE-SA Standards Board Bylaws
> and includes the statement:
>"IEEE standards may include the known use of patent(s), including patent
>applications, if there is technical justification in the opinion of the
>standards-developing committee and provided the IEEE receives assurance
>the patent holder that it will license applicants under reasonable terms
>conditions for the purpose of implementing the standard."
>Jim Carlo( Cellular:1-214-693-1776 Voice&Fax:1-214-853-5274
>TI Fellow, Networking Standards at Texas Instruments
>Chair, ISO/IEC JTC1/SC6 Telecom and Info Exchange Between Systems
>Chair, IEEE802 LAN/MAN Standards Committee
| Geoffrey O. Thompson                    |
| Chair IEEE 802.3                        |
| Nortel Networks, Inc.  M/S SC5-02       |
| 4401 Great America Parkway              |
| P. O. Box 58185                         |
| Santa Clara, CA 95052-8185  USA         |
| Phone: +1 408 495 1339                  |
| Fax:   +1 408 988 5525                  |
| E-Mail:     |
| Please see the IEEE 802.3 web page at   |