Firstly, I’d like to take this opportunity to thank Don and the rest of the people who are working to clarify and improve the FAQs as they relate to these issues.
With respect to the 4 Draft answers that Don circulated in his May 20 email, in my opinion, this Q/A appear to address the technical question of what standards, amendments, and
revisions a particular, submitted and accepted LOA will apply to. They do not, however, address the ambiguities (perceived or otherwise) around (a) which version of the IEEE-SA patent policy governs a particular LOA (whether blanket or otherwise) where the
development work was started prior to the policy’s effective date, and the LOA is submitted after the effective date, or (b) which version of the LOA may a patent holder select when development work started before the effective date of the current patent policy,
but the LOA is submitted after. Therefore, I propose the following be added as further clarification:
The IEEE takes no position as to which version of the IEEE-SA patent policy applies to standards development activities which were underway on May 1, 2007 or March 15,
2015. However, for a Blanket Letter of Assurance (“LOA”) that references a specific standard (e.g. IEEE Std 802.3), which was submitted before May 1, 2007 or March 15, 2015, the patent policy in effect at the time a contribution is made shall govern the patent
holder’s obligations regarding any potentially Essential Patent Claims embodied within such contribution. This answer assumes that patent holder has not submitted a subsequent LOA for a revision or amendment to a specific standard which would otherwise govern
the potentially Essential Patent Claims embodied within such contribution.
I look forward to seeing all (some? Most?) of you in Berlin.
Best,
Scott
____________________________________________
Scott L. Gilfillan
Sr. Standards Counsel
Intel Corporation | Intel Law and Policy Group | Intel Standards Group
503.613.0123 | 503.708.6235 (m) | 503.613.7577 (fax) |
scott.l.gilfillan@xxxxxxxxx
Our Mission: Promote technological leadership, IP value and product sales by delivering world-class standards strategies, processes and legal advice.
From: Don Wright [mailto:don@xxxxxxxxxxxxxxxxxxxxxxxx]
Sent: Friday, May 20, 2016 7:07 PM
To: PP-DIALOG@xxxxxxxxxxxxxxxxx
Subject: [PP-DIALOG] 4 Questions on Letters of Assurance
Members of PP-Dialog:
The IEEE Standards Board Patent Committee (PatCom) has been discussing four questions asked by an IEEE Working Group chair regarding how certain Letter of Assurance apply in regards to amendments.
PatCom has discussed several proposed responses. While PatCom has not completed its deliberations, we would now like to share with you the draft answers in the attached document.
In addition, PatCom considered changing the existing FAQs 14 and 17 to add “including Blanket Letters of Assurance” when those FAQs reference “Letters of Assurance.” However, PatCom has tentatively
concluded that the term “Letters of Assurance” already applies to both Letters of Assurance identifying one or more specific patents as well as Letter of Assurance that indicate they are Blanket Letters of Assurance and therefore does not believe those existing
FAQs need to be changed.
The participants on PP-Dialog are asked to:
Offer their views and, if necessary, specific wording changes and justification of same on the 4 answers to improve clarity
Offer their views as to whether FAQs 14 & 17 need to be updated to specifically note that Letters of Assurance includes Blanket Letter of Assurance.
Please submit written input to this PP-Dialog mailing list by 17 June 2016 in order to allow PatCom members sufficient time to consider your comments prior to the June PatCom meeting where these
items will be on the agenda.
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2016 IEEE Standards Association President-Elect
Member, IEEE SA Standards Board, PatCom (Chair) & ProCom
Chair, IEEE-ISTO Board of Directors
Chair, IEEE SA Nominations & Appointments Committee
Member, IEEE Nominations & Appointments Committee
Past Chair, IEEE Admission & Advancement Committee
Past Chair, INCITS Executive Board