DOCUMENT NUMBER:  	T11/08-408v0


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E-MAIL HEADER:

From: 			Robert Snively 

Sent: 			Friday, July 18, 2008 2:15 PM

To: 			Barra, Lynn

Cc: 			karen.higginbottom@hp.com; Robert Snively; 
			cds@cisco.com; bill.ham@comcast.net; 
			Bennett, Barbara; jgarner@itic.org

Subject: 		Proposed corrections to the INCITS patent 
				slides (T11/08-408v0)

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E-MAIL TEXT:

Dear Ms. Barra;

After reviewing the INCITS patent slides, I believe that the following
corrections should be made to them in a timely manner.

First:  

  In slide 3, bullet 1, the URL and reference for the ANSI Essential
  Requirements should be provided.  The text would then read:

	1. The INCITS patent policy is the ANSI patent policy as described
	in sub-clause 3.1 of the 2008 version of the ANSI Essential Requirements (see http://publicaa.ansi.org/sites/apdl/Documents/Standards%20Activities/American%20National%20Standards/Procedures,%20Guides,%20and%20Forms/2008%20ANSI%20Essential%20Requirements/2008%20ANSI%20Essential%20Requirements%20031108.pdf)

  These changes need to be made because the policy is not precisely
  the same and in fact the clause on notice is replaced by RD-1 clause 8.5.
  In addition, the document quoted should be explicitly referenced.

Second:


  In slide 3 of the patent slide deck, the third bullet should be
  corrected to read:

	3. Disclosures made of such patents claims may not be exhaustive 
	of all patents that may be essential for the use of standards 
	under development. Neither INCITS, the TC/TG, nor the TC/TG Chair 
	ensure the accuracy or completeness of any disclosure or whether 
	any disclosure is of a patent that, in fact, may be essential for 
	the use of standards under development.

Third:

   In slide 5 of the patent slide deck, the notice specified in clause 3.1.3
   of the ANSI Essential Requirements is not the notice required for such
   cases in INCITS documents.  That notice is in Clause 8.4 of the RD-1.
   The text for 3.1.3 "Notice" should be corrected to read:

	3.1.3 Notice

	When the ASD receives from a patent holder the assurance set forth in
	3.1.1 b above, an INCITS standard shall include the notice
	specified in INCITS RD-1, Clause 8.5:

	"CAUTION: The developers of this standard have requested that 
	holders of patents that may be required for the implementation 
	of the standard disclose such patents to the publisher. However, 
	neither the developers nor the publisher have undertaken a 
	patent search in order to identify which, if any, patents may 
	apply to this standard.
	
	As of the date of publication of this standard, following 
	calls for the identification of patents that may be required 
	for the implementation of the standard, notice of one or more 
	such claims has been received.

	By publication of this standard, no position is taken with 
	respect to the validity of this claim or of any rights in 
	connection therewith. The known patent holder(s) has (have), 
	however, filed a statement of willingness to grant a license 
	under these rights on reasonable and nondiscriminatory terms and 
	conditions to applicants desiring to obtain such a license. 
	Details may be obtained from the publisher.

	No further patent search is conducted by the developer or 
	publisher in respect to any standard it processes. No representation 
	is made or implied that this is the only license that may be 
	required to avoid infringement in the use of this standard."

   This may need to be in a separate color to indicate that it is from
   a different document, meeting the requirements of but not the same as
   the originally quoted document.