Thanks Dave for your reply to my question.
Per definition of 'Accepted LOA' in Clause 6.1 of the IEEE-SASB Bylaws, "Accepted Letter of Assurance" and "Accepted LOA" shall mean a Letter of
Assurance that the IEEE-SA has determined is complete in all material respects and has been posted to the IEEE-SA web site.
Since all negative LOA’s has been posted to the IEEE-SA web site which is administrated by SA, this is prima facie known publicly that they are “accepted
LOA”. No matter they are negative blanket LOA or negative LOA that has specified patent numbers.
I raised up the question of “accepted LOA” because a negative LOA though checked the D1d box (“not willing to license”) would be included as “exclusion
of injunctive relief” by the new proposed FAQ 28A into the bucket of “accepted LOA” as such.
An Accepted LOA
that contains such a statement signifies that reasonable terms and conditions, including without compensation or under Reasonable Rates, are sufficient compensation for a license to use those Essential Patent Claims and precludes seeking, or seeking to enforce,
a Prohibitive Order except as provided in this policy.
Making declaration of assurance is with the purpose that both patent holders and implementers can understand clearly what the declaration is thus
can make reasonable relevant business decision.
I hope to see such purpose can be achieved with so many efforts.
Best regards,
Cindy
From: Dave Ringle [mailto:d.ringle@xxxxxxxx]
Sent: 2018年10月31日
10:00
To: PP-DIALOG@xxxxxxxxxxxxxxxxx
Subject: Re: [PP-DIALOG] Notice of PatCom D.1.d LOA proposal for consideration in December 2018
On Tue, Oct 30, 2018 at 9:42 PM, Bianlixin (Cindy) <bianlixin@xxxxxxxxxx> wrote:
Hello all,
A question here regarding “an accepted LOA”, reading the D1d Proposal, new FAQ 28A.b),
also highlighted below.
What is considered as “an accepted LOA”? Does that cover all LOA’s that have been listed
or published in IEEE website including Negative blanket LOAs?
Refer to D1d proposal, New FAQ (maybe 28A)
What type of licensing assurance does IEEE request?
b) A statement that the Submitter will make available a license for Essential Patent Claims to an unrestricted
number of Applicants on a worldwide basis without compensation or under Reasonable Rates, with other reasonable terms and conditions that are demonstrably free of any unfair discrimination to make, have made, use, sell, offer to sell, or import any Compliant
Implementation that practices the Essential Patent Claims for use in conforming with the IEEE Standard.
An Accepted LOA that contains such a statement signifies that reasonable terms and conditions, including without compensation or under Reasonable Rates, are sufficient compensation for a license to use those Essential
Patent Claims and precludes seeking, or seeking to enforce, a Prohibitive Order except as provided in this policy.
Best Regards
Cindy/Bian Lixin/卞丽鑫
Senior IP Counsel
Work: +86-755-287 86092
Mobile:+86-186-6629-1226
Email:
bianlixin@xxxxxxxxxx
From: Dave
Ringle [mailto:d.ringle@xxxxxxxx]
Sent: 2018年10月13日
1:45
To: PP-DIALOG@xxxxxxxxxxxxxxxxx
Subject: [PP-DIALOG] Notice of PatCom D.1.d LOA proposal for consideration in December 2018
Dear PP-Dialog participants,
Please see the attached proposal that will be included for discussion/action at the 03 December 2018 PatCom meeting.
******************************************************************
David L. Ringle
Director, IEEE-SA Governance
IEEE Standards Association
445 Hoes Lane
Piscataway, NJ 08854-4141 USA
TEL: +1 732 562 3806
FAX: +1 732 875 0524
EMAIL: d.ringle@xxxxxxxx
******************************************************************
To unsubscribe from the PP-DIALOG list, click the following link:
https://listserv.ieee.org/cgi-bin/wa?SUBED1=PP-DIALOG&A=1
To unsubscribe from the PP-DIALOG list, click the following link: https://listserv.ieee.org/cgi-bin/wa?SUBED1=PP-DIALOG&A=1