All,
I am re-sending the exact same e-mail text I sent about an hour ago, only this time without the “confidentiality” notice that was automatically posted at the end of my earlier email, as I know that is problematic.
Please consider this email – without the confidentiality notice at the end – as my submitted response.
Thanks,
Dina
From: Dina Kallay
Sent: Friday, June 17, 2016 5:12 PM
To: PP-DIALOG@xxxxxxxxxxxxxxxxx
Subject: RE: [PP-DIALOG] 4 Questions on Letters of Assurance
Dear all,
I am writing in response to Don Wright’s May 20, 2016 email, and the proposed FAQs text attached thereto.
Ericsson has no objection to the proposed FAQs text, assuming the redline additions proposed by Georg Nolte below were added – we find these added clarifications necessary given the March 2015 watershed change of the patent policy.
Notwithstanding the above, we would like to highlight the problem of growing uncertainty as to future access to IEEE standards. Since the new patent policy took effect in March 2015, we are seeing a growing number of negative and missing
LOAs as well as hearing multiple rumors of negative LOAs that were submitted to the IEEE but not accepted/posted on its website. One such LOA was submitted by Ericsson itself in October 2015.
Standards development at IEEE is a rolling process. The difference between different “standards” and different “amendments,” “revisions” or “editions” is far from a clear cut one. For example, as you know, the first 802.11 version was
802.11-1997, the next version was 802.11-1999 (upon its publication the 1997 version "ceased" to exist).
Version 802.11-2007 is based on 802.11-1999 and incorporates amendments 802.11a, 802.11b, 802.11d, 802.11e, 802.11g, 802.11h, 802.11i, and 802.11j. In publishing the 2007 version all amendments and the 1999 version "ceased" to exist.
Version 802.11-2012 is based on 802.11-2007 and incorporates 802.11k, 802.11r, 802.11y, 802.11w, 802.11n, 802.11p, 802.11z, 802.11v, 802.11u, and 802.11s. Again, the publication of this version rendered all previously published standards
and amendments irrelevant.
The 802.11-2016 version will incorporate 802.11-2012 and amendments 802.11ac, 802.11aa, 802.11ad, 802.11ae, and 802.11af. Once 802.11-2016 is published everything else will become obsolete.
Against this practical backdrop of a continuous roll-over development process, and the periodical “disappearance” of base standards for which LOAs were available, most of the LOA on the IEEE database are provided for a specific “base standard”
(such as 802.11ac – just to give an example of what I mean by the term “base standard”).
In a reality of a growing number of negative LOAs, missing LOAs, and rumored-negative LOAs that cannot be confirmed, like the one we have witnessed over the past 15 months and recently captured by the media, a rule that interprets existing
LOAs as applying to all “amendments,” “revisions” or “editions” of a base standard may well mean that after years of hard work, the Standards Board will find itself considering whether to approve a base standard the access to which is highly doubtful.
Best regards,
Dina
DINA KALLAY, SJD
Director, Competition & Intellectual Property
ERICSSON, INC.
1776 Eye Street, NW, Suite 240
Washington, DC 20006, USA
Tel +1-202-758-7601
Dina.Kallay@xxxxxxxxxxxx
www.ericsson.com
From: Georg Nolte [mailto:Georg.Nolte@xxxxxxxxxxxxxxxx]
Sent: Friday, June 17, 2016 2:49 AM
To: PP-DIALOG@xxxxxxxxxxxxxxxxx
Subject: Re: [PP-DIALOG] 4 Questions on Letters of Assurance
Dear Don, PatCom members, PP-Dialog members,
as the .docx attachment needs to be renamed by hand if
you want to open it at the PP-Dialog archive, let me
send the text *again* (no further edits since yesterday)
inline for ease of reference. My additions are in
red-bold-underlined; the other format is as was in Don's
email.
----
Draft Answers to Questions Regarding LOA Applicability to Amendments
Q1.
“Does a blanket LoA citing a standard provide assurance for subsequent amendments or revisions of the standard?”
A1. Yes. A Blanket LOA that references a specific standard (e.g., IEEE Std 802.3) without further qualification provides
assurance under the Patent Policy that was in force at the time of the submission of the blanket LOA
for all current and future amendments, revisions, editions of the same standard.” (See FAQs 14 and 17)
Q2.
“Does a Letter of Assurance citing specific patents that cites a standard provide an assurance for subsequent amendments or revisions of the standard?”
A2. Yes. An LOA that references a specific standard (e.g., IEEE Std 802.3) without further qualification provides, as
to the identified patents, assurance under the Patent Policy that was in force at the time of the submission of the LOA
for all current and future amendments, revisions, editions of the same standard. (See FAQ 14)
Q3. “Does a blanket LoA that cites a specific amendment to a standard continue to apply once the amendment has been
rolled into the standard (i.e. in a subsequent revision or edition), and the cited amendment becomes obsolete.
-
If so, is it still a “blanket” LoA that covers the entire subsequent revision?”
A3.
Yes. A blanket LOA that references a specific amendment of a standard (e.g., IEEE Std. 802.3nnn) provides assurance
under the Patent Policy that was in force at the time of the submission of the blanket LOA
for any of the Submitter’s potential Essential Patent Claims that become Essential Patent Claims as a result of the amendment, and it continues to provide such assurance when the amendment has been rolled into the standard,
but only if the application of the technology required by the amendment has not changed from its previous usage.
(see SASB Ops Man 6.3.5) (See also FAQs 14 and 17)
Q4.
“Does a Letter of Assurance that cites specific patents and cites a specific amendment to a standard continue to apply once the amendment has been rolled into the standard (i.e. in a subsequent revision or edition), and the cited amendment becomes obsolete?”
A4.
Yes. An LOA that references a specific amendment of a standard (e.g., IEEE Std. 802.3nnn) provides assurance
under the Patent Policy that was in force at the time of the submission of the LOA
for the Patent Claims identified in the LOA that become Essential Patent Claims as a result of the amendment, and it continues to provide such assurance when the amendment
has been rolled into the standard, but only if the application of the technology required by the amendment has not changed from its previous usage.
(see SASB Ops Man 6.3.5)
(See also FAQ 14)
----
Best regards,
Georg
From: Georg Nolte
Sent: Donnerstag, 16. Juni 2016 15:28
To: 'Don Wright'; PP-DIALOG@xxxxxxxxxxxxxxxxx
Subject: RE: [PP-DIALOG] 4 Questions on Letters of Assurance
Dear Don, PatCom members, PP-Dialog members,
attached please find the Panasonic revision of your
original document. We inserted a sub-sentence to
clarify which "assurance" we are talking about.
You also asked the PP-Dialog members to
"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."
Panasonic does not think that any amendments to FAQs 14
and 17 are necessary as of today.
Any questions and comments welcome.
I will participate in the PatCom meeting later this month
(29th) in Berlin, and I'm really looking forward to meeting
you (all) there.
Kind regards,
Georg
Mr. Georg NOLTE
Patent Representative
Panasonic R&D Center Germany GmbH
Monzastr. 4c
63225 Langen
Germany
Office: +49.6103.766.131
Mobile: +49.172.79.72.744
From: Don Wright [mailto:don@xxxxxxxxxxxxxxxxxxxxxxxx]
Sent: Samstag, 21. Mai 2016 04:07
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