Dear PatCom.
The proposed interpretation of the patent policy changes in this email chain initiated by Dave Djavaherian is strained to the point of absurdity. It says exactly the opposite of what he is implying.
Please seek legal counsel to advise before considering his interpretation.
With all respectful sincerity,
Michael.
From:
Mark Lemley <mlemley@xxxxxxxxxxxxxxxx>
Date: Tuesday, April 18, 2023 at 8:25 PM
To: PP-DIALOG@xxxxxxxxxxxxxxxxx <PP-DIALOG@xxxxxxxxxxxxxxxxx>
Subject: Re: [PP-DIALOG] Juniper's Comments re IEEE FAQ Text
WARNING:
This email originated from outside of Qualcomm. Please be wary of any links or attachments, and do not enable macros.
I support the proposal.
Mark A. Lemley
William H Neukom Professor, Stanford Law School
Of counsel, Lex Lumina PLLC
On Apr 18, 2023, at 7:48 PM, Gil Ohana (gilohana) <00000b67ee67ba19-dmarc-request@xxxxxxxxxxxxxxxxx> wrote:
Cisco agrees with the comments from Dave Djavaherian on behalf of Juniper and Helene Workman on behalf of Apple. We support the addition of the proposed FAQs.
From: Dave Djavaherian <dave@xxxxxxxxxxxxxx>
Sent: Tuesday, April 18, 2023 4:57 PM
To: PP-DIALOG@xxxxxxxxxxxxxxxxx <PP-DIALOG@xxxxxxxxxxxxxxxxx>
Subject: [PP-DIALOG] Juniper's Comments re IEEE FAQ Text
Colleagues,
I support that the two new proposed FAQs should be adopted by PatCom.
As has been expressed by some of the other commenters so far, both proposed FAQs accurately address how the Patent Policy functions, and provide important clarity to avoid potential misapplication of the Patent
Policy in the future. The draft text correctly makes clear that nothing in the Patent Policy would (or could) purport to authorize injunctive relief. Rather, the Patent Policy functions to contractually restrict the use of injunctions despite that such relief
might otherwise be available under national/regional law. The draft text also correctly explains that updates to the Patent Policy can occur for many reasons, such that changes to the policy text may not imply any change to its substantive application.
I appreciate the opportunity to submit these comments.
Sincerely,
Affiliated with Juniper Networks, Inc.
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