LETTER OF ASSURANCE FOR ESSENTIAL PATENTS

Please return via mail,	Secretary, IEEE-SA Standards Board Patent Committee
e-mail (pdf) or FAX to:	The Institute of Electrical and Electronics Engineers, Inc.Incorporated
			445 Hoes Lane
			Piscataway, NJ	08854	USA
			FAX (+1 732-875-0524)     e-mail: patcom@ieee.org

                                       No license is implied by submission of this Letter of Assurance                

A.  POTENTIAL PATENT HOLDER/ORGANIZATION:

Legal Name of Organization: Potential Patent Holder:	(“Patent Holder”)

B. 	PATENT HOLDER’S CONTACT FOR LICENSE APPLICATION:

Name & Department:		
Address:				
Telephone: ______________________ Fax: _________________ E-mail:	
URL:	____________________________________________________________________________________

Note: The IEEE takes no position with respect to the reasonableness of rates, terms, and conditions of the license agreements offered by patent holders or patent applicantsa Patent Holder. To that end, the IEEE will not review and does not endorse the contents nor confirm the continuing accuracy or consistency of any web sites listed above.

C. 	IEEE STANDARD or PROPOSED IEEE STANDARD:

Number:  _________________________________
Title: ___________________________	

D. PATENT HOLDER'S POSITION REGARDING LICENSING ESSENTIAL PATENT RIGHTS:
D. 	ASSURANCES:

In accordance with Clause 6 of the IEEE-SA Standards Board Bylaws, the Patent Holder hereby declares that its licensing position with respect to any patent(s provides that an IEEE Standard may include the known use of Essential Patents Claims provided the IEEE receives a certain assurance from each patent holder or applicant which holds or controls or otherwise has the right to license the Essential Patent Claims.  For this purpose, an Essential Patent Claim shall include any patent claim (including new claims based on a reissue or a re-exam) and/or patent application(s) that it may hold or control, the use of which would claim (including continuations or divisionals [TBD (not continuations in part)]), the use of which may be essential to create a compliant implementation of either mandatory or optional portions of the [Proposed] IEEE Standard identified above,.  
  
In accordance with Clause 6, the Patent Holder hereby declares the following (check one of the following statements 1 or 2):  

1. 	Based on Organizational Knowledge, the Patent Holder is not aware of any Essential Patent Claim owned or controlled by the Patent Holder or that the Patent Holder otherwise has the right to license.  For this purpose, “Organizational Knowledge” means the individual knowledge of [TBD the personnel of the Patent Holder responsible for oversight and management of the Patent Holder’s intellectual property portfolio in the area relating to the [Proposed Standard] and the] Patent Holder’s employees and other representatives of the Patent Holder, if any, who are participating or have participated directly in the standard development process, including, but not limited to, participating at a Sponsor, Sponsor-ballot or Working Group level on the [Proposed] IEEE Standard.

2.  	The Patent Holder  MAY own or control Essential Patent Claims and its licensing position with respect to such patent claims and/or patent application claims is as follows (check one box only): 
          1. A.  The Patent Holder will grant a license without compensation to an unrestricted number of applicants on a worldwide, non-discriminatory basis with reasonable terms and conditions to comply with the [Proposed] IEEE Standard.
          2. B.  The Patent Holder will grant a license under reasonable rates to an unrestricted number of applicants on a worldwide, non-discriminatory basis with reasonable terms and conditions to comply with the [Proposed] IEEE Standard.

          3. The Patent Holder is unwilling to grant licenses according to the provisions of either 1 or 2 above.  
          4. C.  The Patent Holder states that, without conditions, it will not enforce any of its present or future patent(s) against any person or entity creating a compliant implementation of the [Proposed] IEEE Standard.

          5. I am not aware of any patent(s) and/or patent application(s) that my company may hold or control that would be essential to create a compliant implementation of the [Proposed] IEEE Standard.
 D.	The Patent Holder is unwilling to grant licenses according to the provisions of either A or B above or to agree that it will not enforce any of its present or future patent(s) as described in C.  
Note:  The Patent Holder may provide a different assurance for a specific Essential Patent Claim by submitting a separate letter of assurance for such claim provided the Patent Holder has not previously submitted a Blanket Assurance (defined below) for the same [Proposed] IEEE Standard and provided such Essential Patent Claim was not previously identified in a prior letter of assurance.   

[Note: Completion of the following section is optional. Nothing in this Letter of Assurance shall be interpreted as giving rise to a duty to conduct a patent search.]If the Patent Holder owns or controls patent(s) and/or application(s) that it believes may be essential to create a compliant implementation of the [Proposed] IEEE Standard, please specify the following:  The Patent Holder may, but is not required to, identify one or more of its Essential Patent Claims below.  

Patent/Application Number:  	
Title:				   

Patent/Application Number: 	
Title: 				

Patent/Application Number: 	
Title: 				

Use additional pages, as necessary.

When checked, this is a Blanket Letter of Assurance.  As such, all Essential Patent Claims that the Patent Holder may currently or in the future hold or control or otherwise have the right to license shall be available under the terms as indicated above in D.2; however, a Blanket Assurance shall not supercede any pre-existing or simultaneously submitted assurance identifying a specific Essential Patent Claim.

E.  	APPLICATION TO AFFILIATES

With respect to any Essential Patent Claims that may be owned or controlled by an Affiliate, the Patent Holder agrees that (i) the licensing statements described above apply to any Essential Patent Claims that may be owned or controlled by an Affiliate; and (ii) the terms of this letter are binding on each such Affiliate; provided, however, that such commitments shall not apply to the Affiliates identified below (collective, “Excluded Affiliates”) .  For this purpose, an Affiliate shall mean an entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with such entity.  For the purposes of this definition, the term “control” and its derivatives, with respect to for-profit entities, means the legal, beneficial or equitable ownership, directly or indirectly, of more than fifty percent (50%) of the capital stock (or other ownership interest, if not a corporation) of such entity ordinarily having voting rights.    “Control” and its derivatives, with respect to nonprofit entities, means the power to elect or appoint more than fifty percent (50%) of the Board of Directors of such entity.

Excluded Affiliates include:     

________________________________     	________________________________
Organization’s Name		Organization’s Name

________________________________   	________________________________
Address				Address

________________________________ 	 ________________________________
Contact person			Contact person
For additional Affiliates, use additional pages as necessary.

F. 	SIGNATURES:

E. SIGNATURE:
THE INSTITUTE OF ELECTRICAL AND ELECTRONICS ENGINEERS, INCORPORATED THROUGH ITS STANDARDS ASSOCIATION

Print name of authorized person:	

Title of authorized person: _____________________________________________________________________ 

Signature of authorized person: __________________________________ Date: ___________________________

PATENT HOLDER

By signing this letter, you represent that you have the authority to bind the Patent Holder and all Affiliates (other than those identified as Excluded Affiliates in Section E) to the representations and assurances provided in this letter and that all users and implementers of the IEEE Standard identified above are intended third party beneficiaries with the right to enforce this letter’s terms.  The Patent Holder agrees that it shall not sell or otherwise transfer any rights in any Essential Patent Claims that it may control or otherwise have the right to license in a manner that is inconsistent with the assurances made in this Letter of Assurance.  In the event the rights of the undersigned in and to any Essential Patent Claims subject to such commitments are assigned or transferred, the undersigned shall notify the assignee or transferee of the existence of such commitments and shall obtain the commitment of such assignee or transferee to notify any subsequent assignee or transferee of the same (the “Notice”). Any and all subsequent assignments or transfer shall include similar provision with respect to the applicable assignee or transferee.  The Patent Holder’s sole responsibility is to provide Notice.  The Patent Holder shall not be liable for the failure of any  subsequent assignees or transferees to honor the assurances made in this letter.

Print name of authorized person:	

Title of authorized person: _____________________________________________________________________ 

Signature of authorized person: __________________________________ Date: ___________________________

Note: This assurance appliesis irrevocable once submitted and signed by IEEE and shall apply, at a minimum, from the date of the standard’s approval to the date of the standard’s withdrawal and is irrevocable during that period. 

The IEEE Patent Policy and the procedures used to execute that policy are documented in the IEEE-SA Standards Board Bylaws
and the IEEE-SA Standards Board Operations Manual, available at http://standards.ieee.org/resources/index.html#guides. These
documents must be read and understood before completing and submitting this form.
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