[PP-DIALOG] Comments on Propsed 84A and 13B
For 84A, is it presumed that the standard
activity was NOT commenced before May 1, 2007? I am not voicing support
for this FAQ. However, I appreciate the intimation that parties participating
in a standard before there is a change in policy may believe that they
will operate under the policy existing when they worked on the standard.
For 13B, ANSI and other standards organizations
recognize the possibility of SDOs moving forward with a standard
if there is no LOA for an identified patent. I am not sure I agree with
the factors itemized and appreciate that these may not be all the factors
for the Board to consider. For example, if there is an unrefuted
SEP for which there is no LOA, the resulting standard may not be ANSI accredited
-- which may be a matter of interest to IEEE and members. So that might
be a factor worth mentioning. Also, might notice to implementers of the
outstanding issue(s) be a factor?
Sorry I cannot join the discussion.
Marc Sandy Block,
Counsel, Intellectual Property Law
1B117 / North Castle Drive / Armonk, NY 10504
msb@xxxxxxxxxx
TL 251-4295 (outside 914-765-4295); fax 251-4290
From:
"Gilfillan, Scott
L" <scott.l.gilfillan@xxxxxxxxx>
To:
PP-DIALOG@xxxxxxxxxxxxxxxxx
Date:
06/15/2016 05:44 PM
Subject:
[PP-DIALOG]
Proposals for NEW FAQs
All,
From conversations I’ve had with several
folks that regularly work on standards-setting at the IEEE, as well as
other of my colleagues, there seems to continue to be ambiguity about application
of the March 2015 patent policy to pre-existing standards development.
I have also heard questions about the impact of so-called “negative”
LOAs – submitted LOAs which select the “no license” option – and requested-but-unsubmitted
LOAs on IEEE standardization efforts, e.g. Will the IEEE approve a standard
if a patent holder files a negative LOA? I’d like to offer the following
2 new FAQs for consideration to address these 2 points of
confusion. I welcome your thoughts.
Thanks,
Scott
Proposed new FAQs:
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].
13B: Will the
Standards Board reject a draft specification if “negative” LOAs are submitted?
Answer: Not necessarily.
The existence of a negative LOA will not necessarily result in rejection
of a draft standard. The Standards Board may, but is not required
to, consider a number of factors in its evaluation, including for example:
(a) has the patent
holder provided LOAs for other IEEE standards, or other amendments to the
same IEEE standard;
(b) the amount and
state of patent litigation for the relevant technology;
(c) the general stance
of the relevant patent holders in relation to (a) and (b);
(d) upon advice and
consultation from the WG chair and/or Sponsor, the relative “importance”
of the technology related to the non- or negative-LOA patents to the overall
draft standard;
(e) the amount of “life”
left in the relevant patents;
(f) if a negative LOA
has been filed, at what point of the TG/WG process was it filed;
(g) do the patents
pertain to a technical contribution made by the Patent Holder (including
the Patent Holder’s representative/employee participating in the TG/WG)
____________________________________________
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.