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The discussion of reciprocity, defensive suspension,
and choice of jurisdiction highlights the desirability of encouraging patent
owners to submit copies of their whole license agreements or proposed/draft
license agreements with their LOA responses. There are a number of provisions
that might be perceived as "material" license terms that may vary
from patent owner to patent owner and that would be desirable for all
participants to see before voting on a proposed standard. Obvious examples of
other such provisions are grantbacks and nonasserts. So we agree with the
importance of reciprocity/defensive termination in the sense that patent owners
should disclose what they want to do or reserve the right to do in these
respects; but the same point applies to a variety of other common license terms
as well. So we believe that the part of the package of proposals now
before PatCom that permits or encourages submission of actual or contemplated
license agreements is very important. Regards, Jeff Fromm Hewlett-Packard Company Vice President, Deputy General Counsel
& Director
of Intellectual Property From: Don Wright
[mailto:don@LEXMARK.COM]
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