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PatCom recommends to the SASB adding the following text as a new subclause in the IEEE SA Standards Board Operations Manual:
6.3.6 Interaction of Accepted LOAs under different versions of the IEEE SA patent policy
Where there is one Submitter of an Accepted LOA under the version of the IEEE SA Standards Board Bylaws as they existed from 15 March 2015 through 31 December 2022 [“2015 policy”] and another Submitter of an Accepted LOA for the same IEEE standard under either a subsequent policy or using the Custom LOA Form Dated 13 June 2019 – Limited, then in that specific circumstance, and except as otherwise not permitted by law, the Submitter under the 2015 policy may choose, with respect to the ability to seek a Prohibitive Order against the Submitter of the other Accepted LOA, to have its Accepted LOA governed by the same patent policy provisions as govern the other Submitter’s Accepted LOA as to the right to seek a Prohibitive Order.
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