Re: [PP-DIALOG] 4 Questions on Letters of Assurance

[Elisabeth Opie <office@xxxxxxxxxxxxxxxxx>]

Dear Don, PatCom members, PP-Dialaog members,

I send this response on behalf of Stefanie Mielert, Fraunhofer.

Fraunhofer welcomes the opportunity to provide feedback on the questions posted in the email of Don Wright dated 20 May 2016 [PP-DIALOG] 4 Questions on Letters of Assurance.

In the attached response, please note Fraunhofer's Observations of the relevant sections of the IEEE-SA Standards Board Operations Manual and the IEEE-SA Standards Board Bylaws which are considered to adequately respond to these 4 questions.

Fraunhofer has prepared three proposed responses to each of the 4 questions presented by PatCom. To assist with reading Fraunhofer's proposals, the following guidance is provided:

A.    Fraunhofer Preferred Proposal:

Each of the first proposed response set out in the attached, for each Patcom question (Q), is Fraunhofer’s preferred approach. As noted in our Observations and particularly in light of the already existing FAQs 14 and 17, we propose that none of the questions proposed are necessary. 

B.    Fraunhofer Alternate Proposal:

In the alternative, where (A) is not accepted, and it is determined that a question is necessary, then Fraunhofer has prepared an Answer to the relevant Q.

C.    Fraunhofer further suggested amendments to draft PatCom Q:

In the final alternative, where neither (A) nor (B) are accepted, and the PatCom draft Answer is used, Fraunhofer has proposed changes therein.

Attachment: 160617_Fraunhofer_Questions and Proposed Answers Regarding LOAs and Amendments.docx
Description: application/vnd.openxmlformats-officedocument.wordprocessingml.document

Kind regards / Mit freundlichen Grüßen,

Elisabeth Opie

BA LLB(Hons) LLM GAICD

International Technology Lawyer

+49 89 2155 8098 (office)

+49 178 1855 227 (mobile)

Potsdamerstraße 3, 80802, Munich

Germany

http://www.elisabethopie.com

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On 21 May 2016, at 04:07, Don Wright <don@xxxxxxxxxxxxxxxxxxxxxxxx> wrote:

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:

 

1.       Offer their views and, if necessary, specific wording changes and justification of same on the 4 answers to improve clarity

2.      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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Don Wright, President Standards Strategies, LLC 10420 Vista Hills Blvd Louisville, KY  40291 don@xxxxxxxxxxxxxxxxxxxxxxxx +1 859-396-7812

 

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

 

<Questions and Proposed Answers Regarding LOAs and Amendments v3.docx>