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IEEE-SA Standards Board Patent
Committee (PatCom)
APPROVED Minutes
15 June 2009
5:00 p.m. - 7:00 p.m.
Tokyo, Japan
MEMBERS PRESENT
Jim Hughes
Rich Hulett
John Kulick
David Law
Steve Mills, Chair
MEMBERS ABSENT
Karen Kenney, Non-voting
IEEE OUTSIDE LEGAL COUNSEL
Claire Topp - Dorsey & Whitney
GUESTS
Wael Diab
Mark Epstein
Bob Grow
Young Kyun Kim
Hung Ling
Glenn Parsons
Jon Rosdahl
Don Wright
STAFF
Judy Gorman
Mary Ellen Hanntz
Moira Patterson
Dave Ringle, Administrator
1 CALL TO ORDER
Chair Mills called the meeting to order at 5:48 p.m.
Chair Mills requested guidance from the BOG in regards to sharing patent pool program information with PatCom.
2 APPROVAL OF AGENDA
Item 6.6 P802.3bc – Law was added to the agenda.
There was a motion to approve the modified agenda. The motion was unanimously approved.
3 APPROVAL OF 17 MARCH 2009 PatCom MEETING MINUTES
There was a motion to approve the previous meeting minutes. The motion was unanimously approved.
4 ADMINISTRATIVE STATISTICS
a) Number of LoAs Received and Posted
b) Number of Requests for LoAs
Dave Ringle reported that there were 9 LoAs received that were accepted and posted.
Dave reported that 3 requests (totaling 9 LoAs) was received and fulfilled since the March 2009 PatCom meeting.
5 OLD BUSINESS
None.
6 NEW BUSINESS
6.1 Legal Update – Topp
Claire Topp noted that CSIRO announced that it had reached agreements with 14 of the top Wi-Fi vendors.
6.2 ANSI Patent Group Update – Kulick
John Kulick reported that ANSI had approved the disbandment of the Copyright and Patent Groups. A Copyright task force will report to the ANSI Intellectual Property Rights Policy Committee (IPRPC). The IPRPC will take over the functions of the Patent Group.
Don Wright had been the IEEE representative on the IPRPC. Don was also the Lexmark representative to the Patent Group. Dave Ringle was the IEEE representative to the Patent Group. Due to the disbandment of the Patent Group, some reorganization of representation occurred. Don remains on the IPRPC and is the Lexmark representative. Dave joins the IPRPC and is the IEEE representative.
6.3 802.11 Request for PatCom Feedback – Mills
Steve Mills reported that the 802.11 Chair had requested that PatCom review the resolution of two ballot comments received, which assert issues with potentially essential patents in P802.11n.
PatCom supplied feedback, thanks the committee for its continuing efforts to obtain LoAs, and requests to be updated at the time the document is submitted to RevCom.
AI – Chair Mills and Dave Ringle to compose a written response to the 802.11 Chair.
6.4 External References – Mills
Chair Mills noted that the BOG’s International ad hoc group had sought PatCom’s guidance on some questions.
Questions:
1. Does the IEEE-SA patent policy meet the ISO patent policy?
2. How does the IEEE-SA patent policy apply in regards to normative references to another SDO’s document?
3. What is the applicability of IEEE LoAs in regards to adoption of the IEEE standard by another SDO (and then further adoption by a national body)?
Answers:
1. The two policies are distinct. Somewhat like trying to compare apples and oranges, there are similarities and differences. The two patent policies are both RAND-based assurance policies.
2. An ad hoc group was formed to develop a recommendation to PatCom. The ad hoc group members are: John Kulick (Chair), Wael Diab, David Law, Claire Topp, and Dave Ringle.
3. This is addressed in Relationship of IEEE-SA Patent Policy/LoAs to Modification of IEEE Standards by Other Standards Bodies [See http://standards.ieee.org/board/pat/relationship.pdf].
6.5 CCSA IPR Policy – Mills
The China Communications Standards Association (CCSA) invited the IEEE to review its draft IPR policy.
PatCom members are asked to review the policy and submit comments to Dave Ringle (d.ringle@ieee.org) by 31 July.
6.6 P802.3bc – Law
David Law, 802.3 Chair, stated that P802.3bc uses material for which Standard 802.1AB is the source. During discussion, David was able to suitably answer his own questions. New LoAs will be sought in accordance with IEEE-SASB OpMan 6.3.5.
7 NEXT MEETING
The next PatCom meeting will be Wednesday, 9 September 2009, in Piscataway, New Jersey, USA.
8 ADJOURNMENT
There being no further business, the meeting was adjourned at 6:56 p.m.
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