Dear PP-Dialog community,
I am writing in response to Don Wright’s June 1 email.
In response to question # 2 below, Ericsson believes the LOA required for PARs (projects) that were already in existence when the Patent Policy was revised on 15 March
2015 should be the LOA form that was in force prior to 15 March 2015, i.e. that was in use between sometime in 2007 and 14 March 2015 (hereinafter “Original Balanced Form”). The Original Balanced Form applied the patent policy that was in effect between sometime
in 2007 and 14 March 2015.
We believe the text of proposed FAQ 84A that Scott Gilfillan sent around last week, on June 15, captures our position well, and we therefore support it. I am pasting
it again below for ease of reference (but all copyright for it remains with Scott of course….).
With respect to question #3, we note the question fails to account for the fact that there is not one but actually two different LOA forms used after March 15, 2015.
One LOA form was the form used between March 15 – December 8, 2015. The other LOA form is the revised LOA form circulated by Mr. Ringle through a December 8, 2015 email in which he calls the revised form the “December 2015 version.”
Best,
Dina Kallay
Ericsson
***** BEGIN EXCERPT FROM SCOTT GILFILLAN PP-DIALOG RESPONSE, RECEIVED ON 6/15/2016 AT 5:44 P.M. EST *********
84A. With respect to projects that were started before 15 March 2015, but have not yet been approved, will there be a transition period for
applying the updated IEEE-SA Patent Policy?
Answer: Yes. For an LOA that references a specific amendment of a standard (e.g. 802.3nnn) which was initiated prior to March 15, 2015, but
for which the patent holder is submitting the LOA after March 15, 2015, if the Submitter selects option 1(d), the Submitter may attach a statement of commitment to license in compliance with the IEEE-SA Patent Policy that came into effect on May 1, 2007. A
form LOA with the associated statement of commitment is provided here [link].
***** END EXCERPT FROM SCOTT GILFILLAN PP-DIALOG RESPONSE, RECEIVED ON 6/15/2016 AT 5:44 P.M. EST *********
From: Don Wright [mailto:don@xxxxxxxxxxxxxxxxxxxxxxxx]
Sent: Wednesday, June 01, 2016 3:32 PM
To: PP-DIALOG@xxxxxxxxxxxxxxxxx
Subject: [PP-DIALOG] Applicability of LOAs
Dear PP-Dialog participants:
There have been a number of discussions among IEEE standards participants concerning the applicability of LOAs. These discussions have focused on at least the following four areas:
1. How should LOAs (blankets and others) be understood in situations involving changes in ownership, control, etc. especially considering updates to the Patent Policy text?
2. Which form of LOA is required for PARs (projects) that were already in existence when the Patent Policy text was updated on 15 March
2015?
3. Which form of LOA is required for PARs (projects) that were started on or after 15 March 2015?
4. How are LOAs for an amendment versus a standard interpreted?
PatCom has been discussing topic #1 but, at this time, has no text or other guidance to propose to further address this topic. In this context, PatCom has reviewed not only the updated Patent
Policy text but also the text in clause 6.3 of the IEEE-SA Standards Board Operations Manual (see
https://standards.ieee.org/develop/policies/opman/sect6.html).
In regards to topics #2 and #3, PatCom notes that the text of FAQs #84 and #85 describe the effective date of the Patent Policy. The methodology described in those FAQs is substantively consistent
with the way the transition was handled with the 2007 Patent Policy update. At this time, PatCom is proposing no changes to those FAQs or any additional FAQs on this topic.
Topic #4 was addressed in a separate e-mail to PP-Dialog distributed by me on 20 May 2016.
PatCom welcomes comments, ideas, and proposals from the PP-Dialog participants and others on these topics and looks forward to a discussion at the PatCom meeting on 29 June 2016 in Berlin Germany.
Please submit your comments, ideas, and proposals to PP-Dialog by 20 June 2016 so they may be reviewed by PatCom members and others in advance of the Berlin meeting.
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