RE: PatCom update

Johny,

Thanks for the update. I was aware of the LOA template that you
mention but I still have some points that I am not clear about.

There is an apparent (to me) conflict between IEEE documents covering
patent assurance.

 In the IEEE SA Bylaws, http://standards.ieee.org/guides/bylaws/6

they give two options

(A) not-enforce

(B) RAND

   See para 6 below:

------------------------------------------------------------------------
------------------------------------------------------------------------
-----------------------------------

6. Patents

IEEE standards
<http://standards.ieee.org/guides/opman/sect1.html#standard> may
include the known use of essential patents and patent applications
provided the IEEE receives assurance from the patent holder or applicant
with respect to 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 the standard [essential patents]. This assurance
shall be provided without coercion and prior to approval of the standard
(or reaffirmation
<http://standards.ieee.org/guides/opman/sect9.html#9.1> when a patent
or patent application becomes known after initial approval of the
standard). This assurance shall be a letter that is in the form of
either:

a)

A general disclaimer to the effect that the patentee will not enforce
any of its present or future patent(s) whose use would be required to
implement either mandatory or optional portions of the proposed IEEE
standard against any person or entity complying with the standard; or

b)

A statement that a license for such implementation will be made
available without compensation or under reasonable rates, with
reasonable terms and conditions that are demonstrably free of any unfair
discrimination.

This assurance shall apply, at a minimum, from the date of the
standard's approval to the date of the standard's withdrawal
<http://standards.ieee.org/guides/opman/sect9.html#9.4> and is
irrevocable during that period.

------------------------------------------------------------------------
-----------------------------------------------------

In the LOA Template (enclosed) that IEEE provides in the PatCom guide
http://standards.ieee.org/board/pat/patcom the choices are to either
license for not license. No mention is made of not asserting. To me
there is a difference between freely licensing and not asserting
patents. I would like to get a clarification from PatCom on this
issue.

Thanks,

Victor

________________________________

From: owner-ieee1800@eda.org [mailto:owner-ieee1800@eda.org] On Behalf
Of Srouji, Johny
Sent: Thursday, September 09, 2004 7:37 AM
To: ieee1800@eda.org
Subject: PatCom update

Hi all,

I am following up on my action item action item wrt contacting PatCom
and getting a format for seeking an assurance letter. Attached is the
template you will need to use.

Regards,

--- Johny.