Definition of Reasonable Rates
OK... the holiday season is over. Time to throw some meat to the wolves...
One of the issues the IEEE is trying to address is a definition of "reasonable rates, terms and conditions" Other than the issue of the interpretation of "arms-length" from a cultural perspective, here's where I think we left it:
Reasonable rates, terms and conditions shall mean rates, terms and conditions that a willing licensor and a willing licensee would agree to in an arms-length negotiation before the adoption of the standard, taking into consideration any alternative technologies and any alternative implementation methods which eliminate the essentiality of the patent claim(s).
If we could, let's only consider two aspects of this:
1) Does the IEEE need to define this?
- Is this already defined in some case law?
- Should this be defined identically for all US SDOs, i.e., should it come ex cathedra from ANSI? If so, what about the rest of the world?
- Is letting each judge in each court in each case define it really a workable solution, i.e. is it OK not to be able to predict the answer for each case?
2) If the IEEE does define it, what should the definition be?
Please try to keep the argument at a level even us non-lawyers can understand (not too much latin ;>)) Any pointers to cases should be to something on the web (or attached) so we can all read it.
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Don Wright don@lexmark.com
f.wright@ieee.org / f.wright@computer.org
Director of Standards
Lexmark International Past Chair, IEEE SA Standards Board
740 New Circle Rd Chair, Patent Committee IEEE SASB
Lexington, Ky 40550 Member-at-large, IEEE CS SAB
859-825-4808 (phone) Member, IEEE-ISTO Board of Directors
603-963-8352 (fax) Member, W3C Advisory Committee
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