> On Jan 3, 2017, at 6:32 PM, Ryan Sleevi via Public <[email protected]>
> wrote:
>
> On Tue, Jan 3, 2017 at 5:57 PM, Virginia Fournier via Public
> <[email protected] <mailto:[email protected]>> wrote:
> 1) Does the formation of a PAG affect the stated ballot date of Jan 7?
> >>>Pursuant to Section 7.3.1, the PAG is convened by the PAG Chair, and the
> >>>timing is at the discretion of the PAG Chair. So if the PAG Chair decides
> >>>that the PAG should be formed before the vote on the Ballot is complete in
> >>>light of the Exclusion Notices received, then that’s what should happen
> >>>and voting will be suspended. This makes sense because members would not
> >>>want to vote on the Ballot without knowing the PAG’s conclusion on the
> >>>Exclusions. Voting on the Ballot would then take place after the PAG
> >>>provides its conclusion on the Exclusion(s). Voting members would then
> >>>have the PAG conclusion and their own patent analyses available prior to
> >>>voting (unless the PAG does not recommend proceeding to a vote, in which
> >>>case the proponents will likely withdraw the Ballot).
>
> I suppose a specific question: I have read the IPR Policy and Bylaws numerous
> times, but as I indicated to Kirk, I cannot find any text that supports this
> view: That it is possible for a Ballot to be suspended upon the formation of
> a PAG or unilaterally by the Chair. I realize both possibilities have been
> discussed for future improvements, but I do not believe our current process
> allows it.
>
> As you and Kirk have clearly taken a different read of our current process
> and workmode, I'm curious if you can support that interpretation with text
> from our Bylaws or IPR Policy. While I understand why it would be desirable,
> particularly under the interpretation of our process that was being used for
> these Ballots, I don't believe it's well supported - but would be happy to
> know where I'm mistaken.
>
> The other questions I asked were questions which I believe the IPR Policy and
> Bylaws do answer, and for which I think their answers arguably highlight
> flaws with an interpretation that voting is "suspended".
>
> Given that a fully endorsed ballot was put forward, given that it concluded a
> 60 day review period, I cannot help but conclude that voting has begun, and
> will end on Jan 7, and whatever the result, that will be the 'end' of Ballot
> 182.
Ryan and Virginia,
What happens if an endorser of a ballot decides to drop their endorsement after
the voting has started?
Thanks,
Peter
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