Hi Peter, That is not addressed in the current policy, but I think we added it into the new process document.
Best regards, Virginia Fournier Senior Standards Counsel Apple Inc. ☏ 669-227-9595 ✉︎ [email protected] <mailto:[email protected]> On Jan 3, 2017, at 6:43 PM, Peter Bowen <[email protected]> wrote: > > On Jan 3, 2017, at 6:32 PM, Ryan Sleevi via Public <[email protected] > <mailto:[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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