| Thread Links | Date Links | ||||
|---|---|---|---|---|---|
| Thread Prev | Thread Next | Thread Index | Date Prev | Date Next | Date Index |
|
Dear Dave, Following on from Cindy’s query, I have a few questions for clarification regarding agenda item 6.1 of the 3 December PatCom meeting (D.1.d LOA Proposal – Wennblom)
[https://standards.ieee.org/content/dam/ieee-standards/standards/web/governance/patcom/agenda.pdf]. i. The item above is the one dated 12 October [http://grouper.ieee.org/groups/pp-dialog/email/msg00493.html].
Does that mean that the agenda item 6.1 (https://standards.ieee.org/content/dam/ieee-standards/standards/web/governance/patcom/618patmins.pdf) discussed
during the PatCom Meeting of June 12 and at the PatCom executive session (oct 1-2) has been discussed and dismissed by the Board? ii. Could you please give a bit more background on the rationale behind the new proposal? This will assist in giving substantive consideration to the proposal. iii. From your answer to Gaelle Martin Cocher´s query, the proposed amendment to section 6.3.4 of the IEEE-SA Standards Board Operations Manual is described
as a purely editorial clean-up of redundant text. However, I note that also the new proposed FAQ 28 A is redundant, since it includes some text which is already in the IEEE bylaws, section 2. Could you please explain the rationale for introducing this new
FAQ? iv. The bylaws and now the new proposed FAQ 28 A (b) reads as follows: “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”. We take this reference to a subset of Accepted LoAs as being exclusive of negative LoAs. Negative
LOAs submitted to, and accepted by, IEEE do not contain such a statement. Could you please confirm our understanding. Thank you for your assistance.
Kind regards / Mit freundlichen Grüßen, +49 89 7407 6475 (direct) 80333 Munich From: "Bianlixin (Cindy)" <bianlixin@xxxxxxxxxx> 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]
Dear Cindy, Please see the definition of 'Accepted LOA' in Clause 6.1 of the
IEEE-SA Standards Board Bylaws at https://standards.ieee.org/about/policies/bylaws/sect6-7.html Regards, Dave On Tue, Oct 30, 2018 at 9:42 PM, Bianlixin (Cindy) <bianlixin@xxxxxxxxxx> wrote:
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
To unsubscribe from the PP-DIALOG list, click the following link: https://listserv.ieee.org/cgi-bin/wa?SUBED1=PP-DIALOG&A=1 |