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Michael, I appreciate your concern. When then DAAG, Renata Hesse presented “Six Small proposals for SSO’s Before Lunch” in October 2012, the following PatCom meeting of March 2013 had an agenda item of: “6.1 Challenges Set by the DoJ – Wennblom Phil Wennblom noted that the DoJ had set out “Six „small‟ proposals for SSOs Before Lunch” during the ITU-T Patent Roundtable in October 2012 as a challenge to SDOs to consider actions they could take to help promote competition among implementers
of a standard. …” Source:
https://standards.ieee.org/content/dam/ieee-standards/standards/web/governance/patcom/0313mins.pdf It appeared that AAG Delrahim had a similar call to action by SDO’s and I was surprised PatCom did not address the issue by setting up an ad hoc like it did in 2013. Instead PatCom opted to offer a summary of not only the DoJ speeches but
also opposing views. Source:
https://standards.ieee.org/content/dam/ieee-standards/standards/web/governance/patcom/618patmins.pdf With kindest regards, Jim From: Michael Atlass [mailto:matlass@xxxxxxxxxxxx] Sorry, David (D). I had intended to respond to David Ringle and was not directing the email specifically to you.
Nevertheless, am happy to provide some content regarding your response.
I want to see that the minutes captured authorship without implying personal opinion when an agency position was presented. If you were at the meeting, the way outside counsel presented it, the personal opinion implication was objected
to and I am concerned that it should not be carried forward in the minutes without at least my concern for the misconstruction risk being highlighted by my email to the PP-DIALOG recipients.
Would be willing to discuss further at the meeting if PatCom has interest in continuing this discussion, or on the side, if you would like to have a personal discussion.
From: Dave Djavaherian <dave@xxxxxxxxxxxxxx> Thanks for your comments Michael.
Responding to your point 3 – I do not think it makes sense for PatCom to seek to log every statement of every government official in its minutes. If that was the approach, then surely participants would be obligated
to submit information regarding the current views of other Federal agencies, such as the the FTC, as embodied in their recent attested court filings, or the rulings of courts, or other materials. Policy advocacy, whether by an individual or by a particular
government agency, may or may not reflect applicable law, as embodied in statute and case materials in any event. From: Michael Atlass <matlass@xxxxxxxxxxxx> Dear David, Thanks for sending this agenda and minutes of the June meeting. It does give me some questions to address on the reflector, so thank you for this opportunity.
D.1.d: The Submitter is unwilling or unable to grant licenses according to the provisions of either
a or b above or to agree that it will not enforce its Essential Patent Claims as described in c
above.
This statement applies
only to the Patent Claims
of which the Submitter is aware, identified in E.1 below.
Thank you for your attention. Best regards, Michael. From: Dave Ringle <d.ringle@xxxxxxxx>
PatCom further discussed the proposal from agenda item 6.1 of the June PatCom meeting and took no action on the proposal. (See
https://standards.ieee.org/content/dam/ieee-standards/standards/web/governance/patcom/618patmins.pdf for the June meeting minutes.) The 03 December 2018 PatCom meeting agenda remains unchanged. (See https://standards.ieee.org/content/dam/ieee-standards/standards/web/governance/patcom/agenda.pdf) Regards, ****************************************************************** To unsubscribe from the PP-DIALOG list, click the following link:
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