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Doc.: IEEE 802.11-09/0495r3 Submission May 2009 Bruce Kraemer, MarvellSlide 1 +1 (321) 427-4098 5488 Marvell Lane, Santa Clara, CA, 95054 Name Company.

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Presentation on theme: "Doc.: IEEE 802.11-09/0495r3 Submission May 2009 Bruce Kraemer, MarvellSlide 1 +1 (321) 427-4098 5488 Marvell Lane, Santa Clara, CA, 95054 Name Company."— Presentation transcript:

1 doc.: IEEE /0495r3 Submission May 2009 Bruce Kraemer, MarvellSlide 1 +1 (321) Marvell Lane, Santa Clara, CA, Name Company Address Phone Bruce Kraemer Marvell TGn CRC GEN Comments - May 2009 Date: Authors: Abstract: Suggested treatment of CIDs 2002 &2007 on IP– May 2009

2 doc.: IEEE /0495r3 Submission May 2009 Bruce Kraemer, MarvellSlide 2 SB#2 IP Comments

3 doc.: IEEE /0495r3 Submission May 2009 Bruce Kraemer, MarvellSlide 3 Prior Resolution UNRESOLVABLE WG, TGn and the TGn CRC believe they have faithfully followed the procedures provided by PatCom concerning the soliciting of potentially essential patents and associated LOAs as specified in: TGn CRC has asked the WG11 chair to pass this comment on to PatCom for further review and advice. While awaiting further advice, TGn CRC and WG11 will continue to follow IEEE IP procedures. It has also been noted that the status of LOAs believed relevant to P802.11n will need to be reviewed prior to a request for Standards Board approval and publication as there are potentially two paragraphs that could be selected from the IEEE-SA Ops Manual (sub-clause "6.3.1 Public Notice") for inclusion in the P802.11n front matter (currently page iv of the draft). One paragraph applies when LOAs are not received, and one for when LOAs are received.

4 doc.: IEEE /0495r3 Submission May 2009 Bruce Kraemer, MarvellSlide 4 IEEE-SA Ops Manual – part Public notice The following notice shall appear when the IEEE receives assurance from a claimed patent holder or patent applicant prior to the time of publication that a license will be made available to all applicants either without compensation or under reasonable rates, with reasonable terms and conditions that are demonstrably free of any unfair discrimination. Attention is called to the possibility that implementation of this standard may require use of subject matter covered by patent rights. By publication of this standard, no position is taken with respect to the existence or validity of any patent rights in connection therewith. A patent holder or patent applicant has filed a statement of assurance that it will grant licenses under these rights without compensation or under reasonable rates, with reasonable terms and conditions that are demonstrably free of any unfair discrimination to applicants desiring to obtain such licenses. Other Essential Patent Claims may exist for which a statement of assurance has not been received. The IEEE is not responsible for identifying Essential Patent Claims for which a license may be required, for conducting inquiries into the legal validity or scope of Patents Claims, or determining whether any licensing terms or conditions provided in connection with submission of a Letter of Assurance, if any, or in any licensing agreements are reasonable or non-discriminatory. Users of this standard are expressly advised that determination of the validity of any patent rights, and the risk of infringement of such rights, is entirely their own responsibility. Further information may be obtained from the IEEE Standards Association.Essential Patent ClaimsPatents ClaimsIEEE Standards Association

5 doc.: IEEE /0495r3 Submission May 2009 Bruce Kraemer, MarvellSlide 5 IEEE-SA Ops Manual – part 2 If the IEEE has not received Letters of Assurance prior to the time of publication, the following notice shall appear:Letters of Assurance Attention is called to the possibility that implementation of this standard may require use of subject matter covered by patent rights. By publication of this standard, no position is taken with respect to the existence or validity of any patent rights in connection therewith. The IEEE is not responsible for identifying Essential Patent Claims for which a license may be required, for conducting inquiries into the legal validity or scope of Patents Claims or determining whether any licensing terms or conditions provided in connection with submission of a Letter of Assurance, if any, or in any licensing agreements are reasonable or non- discriminatory. Users of this standard are expressly advised that determination of the validity of any patent rights, and the risk of infringement of such rights, is entirely their own responsibility. Further information may be obtained from the IEEE Standards Association.

6 doc.: IEEE /0495r3 Submission May 2009 Bruce Kraemer, MarvellSlide 6 P802.11n Introduction – Page iv Patents Attention is called to the possibility that implementation of this amendment may require use of subject matter covered by patent rights. By publication of this standard, no position is taken with respect to the existence or validity of any patent rights in connection therewith. A patent holder or patent applicant has filed a statement of assurance that it will grant licenses under these rights without compensation or under reasonable rates, with reasonable terms and conditions that are demonstrably free of any unfair discrimination to applicants desiring to obtain such licenses. Other Essential Patent Claims may exist for which a statement of assurance has not been received. The IEEE is not responsible for identifying Essential Patent Claims for which a license may be required, for conducting inquiries into the legal validity or scope of Patents Claims, or determining whether any licensing terms or conditions are reasonable or non- discriminatory. Users of this standard are expressly advised that determination of the validity of any patent rights, and the risk of infringement of such rights, is entirely their own responsibility. Further information may be obtained from the IEEE Standards Association.

7 doc.: IEEE /0495r3 Submission May 2009 Bruce Kraemer, MarvellSlide 7 Posted PatCom Guidance What is an essential patent? Essential patents are those patents whose infringement is, or in the case of patent applications, potential future infringement the applicant asserts will be, unavoidable in a compliant implementation of either mandatory or optional portions of a standard. The oversight of the IEEE process is only concerned with essential patents. Call for essential patents by the Working Group Chair What exactly is a call for essential patents? It's a reminder, made by the chair of an IEEE standards-developing working group or the chair of an IEEE Standards Sponsor. The chair informs the members of the working group that if any individual believes that a patent or patent application might be essential to the implementation of the standard, that fact should be made known to the entire working group. This request shall be made at every standards-development meeting, usually as part of the chair's introductory remarks. Anyone can respond to this call, be they observers or members of the group. There is no obligation to search patent portfolios and no patent numbers are required to be identified as part of the call for patents--just information that something may be of issue. Once the chair is made aware of this, he or she can send out a patent letter of assurance request to the potential patent holder for official confirmation of information.request So what can you discuss about patents at a standards-development meeting? You can cover the content of the patent letter of assurance form, you can discuss the technical merits of using the technology under patent, and you can discuss the way patent information is made available from the IEEE. You must not discuss subjects like the pricing for use of a patent, how a patent should be licensed, validity or interpretation of a patent claim, or any terms or conditions of use. These are not appropriate topics for discussion in a standards developing committee. Further information can be found in "What You Need to Know About IEEE Standards and the Law."What You Need to Know About IEEE Standards and the Law Questions from industry or from individuals can be directed to the IEEE-SA Standards Board Patent Committee for further consideration.IEEE-SA Standards Board Patent Committee Source:

8 doc.: IEEE /0495r3 Submission May 2009 Bruce Kraemer, MarvellSlide 8 Proposed Resolution for CID 2002 UNRESOLVABLE Posted PatCom guidance related to this topic states: You must not discuss subjects like the pricing for use of a patent, how a patent should be licensed, validity or interpretation of a patent claim, or any terms or conditions of use. These are not appropriate topics for discussion in a standards developing committee. Further information can be found in "What You Need to Know About IEEE Standards and the Law."What You Need to Know About IEEE Standards and the Law WG, TGn and the TGn CRC believe they have faithfully followed the procedures provided by PatCom concerning the soliciting of potentially essential patents and associated LOAs as specified in: TGn CRC has asked the WG11 chair to pass this comment on to PatCom for further review and advice. TGn CRC and WG11 will continue to follow IEEE IP procedures and continue to request LOAs.

9 doc.: IEEE /0495r3 Submission May 2009 Bruce Kraemer, MarvellSlide 9 Proposed Resolution for CID 2007 UNRESOLVABLE WG, TGn and the TGn CRC believe they have faithfully followed the procedures provided by PatCom concerning the soliciting of potentially essential patents and associated LOAs as specified in: TGn CRC has asked the WG11 chair to pass this comment on to PatCom for further review and advice. TGn CRC and WG11 will continue to follow IEEE IP procedures and continue to request LOAs.


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