Re: RIM patents a URN (and ignores IETF IPR rules)

2009-11-20 Thread Andrew G. Malis
In this particular case, the patent was published on Jan. 4, 2007, so
it's difficult to imagine any valid reason to not have disclosed then.

Cheers,
Andy

On Thu, Nov 19, 2009 at 8:52 PM, Fred Baker f...@cisco.com wrote:
 In my company's case, we file IPR disclosures on patent applications as well
 as allowed claims. That is consistent with our corporate policy of
 encouraging innovation and patenting defensively; our disclosures as a rule
 include the fact that we do not seek monetary reward unless another party
 would rather trade IPR licenses mediated by expensive lawyers than accept a
 free RFC 1988 license.

 One of the concerns with filing IPR-laden concepts in a standard without
 disclosure is that courts have been known to disallow the protections a
 patent provides when IPR has been disguised in the standards process. The
 IETF policy of disclosure is there to protect your patent rights, not
 disrupt them.

 Your patent attorneys may want to rethink that matter.

 On Nov 20, 2009, at 9:38 AM, Michael Montemurro wrote:

 Dear all,

 I understand the community’s concerns regarding the timeliness of the
 disclosure.  As I’m sure everyone can understand, as employees of
 companies we are bound by confidentiality obligations and, in
 addition, cannot always control our company’s internal processes.  The
 community’s concerns have been brought to the attention of my employer
 and they are in the process of evaluating the concerns.  My company
 has asked for your patience while they take the time to evaluate the
 concerns and determine if there is an appropriate course of action in
 this matter to alleviate the concerns of the community.

 Your understanding is appreciated.

 Thanks,

 Mike
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RE: RIM patents a URN (and ignores IETF IPR rules)

2009-11-20 Thread Contreras, Jorge
 

 -Original Message-
 From: ietf-boun...@ietf.org [mailto:ietf-boun...@ietf.org] On 
 Behalf Of Fred Baker
 Sent: Thursday, November 19, 2009 8:53 PM
 To: Michael Montemurro
 Cc: Cullen Jennings; IETF-Discussion list
 Subject: Re: RIM patents a URN (and ignores IETF IPR rules)
 
 In my company's case, we file IPR disclosures on patent applications  
 as well as allowed claims. That is consistent with our corporate  
 policy of encouraging innovation and patenting defensively; our  
 disclosures as a rule include the fact that we do not seek monetary  
 reward unless another party would rather trade IPR licenses mediated  
 by expensive lawyers than accept a free RFC 1988 license.

Fred - this is not only good corporate practice, disclosure of patent
applications
is unambiguously required by RFC 3977.
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RE: RIM patents a URN (and ignores IETF IPR rules)

2009-11-20 Thread Contreras, Jorge
 

 -Original Message-
 From: Contreras, Jorge 
 Sent: Friday, November 20, 2009 2:38 PM
 To: 'Fred Baker'; Michael Montemurro
 Cc: Cullen Jennings; IETF-Discussion list
 Subject: RE: RIM patents a URN (and ignores IETF IPR rules)
 
  
 
  -Original Message-
  From: ietf-boun...@ietf.org [mailto:ietf-boun...@ietf.org] On 
  Behalf Of Fred Baker
  Sent: Thursday, November 19, 2009 8:53 PM
  To: Michael Montemurro
  Cc: Cullen Jennings; IETF-Discussion list
  Subject: Re: RIM patents a URN (and ignores IETF IPR rules)
  
  In my company's case, we file IPR disclosures on patent 
 applications  
  as well as allowed claims. That is consistent with our corporate  
  policy of encouraging innovation and patenting defensively; our  
  disclosures as a rule include the fact that we do not seek 
 monetary  
  reward unless another party would rather trade IPR licenses 
 mediated  
  by expensive lawyers than accept a free RFC 1988 license.
 
 Fred - this is not only good corporate practice, disclosure 
 of patent applications
 is unambiguously required by RFC 3977.

Just to clarify:  I was referring to the first part of Fred's paragraph:
what's required is disclosing patent applications, not the other
corporate policies that Fred's company might adopt.
 
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Re: RIM patents a URN (and ignores IETF IPR rules)

2009-11-20 Thread Fred Baker


On Nov 21, 2009, at 4:38 AM, Contreras, Jorge wrote:





-Original Message-
From: ietf-boun...@ietf.org [mailto:ietf-boun...@ietf.org] On
Behalf Of Fred Baker
Sent: Thursday, November 19, 2009 8:53 PM
To: Michael Montemurro
Cc: Cullen Jennings; IETF-Discussion list
Subject: Re: RIM patents a URN (and ignores IETF IPR rules)

In my company's case, we file IPR disclosures on patent  
applications as well as allowed claims. That is consistent with our  
corporate policy of encouraging innovation and patenting  
defensively; our disclosures as a rule include the fact that we do  
not seek monetary reward unless another party would rather trade  
IPR licenses mediated by expensive lawyers than accept a free RFC  
1988 license.


Fred - this is not only good corporate practice, disclosure of  
patent applications is unambiguously required by RFC 3977.


Of course. But to my small mind, the stronger argument is not the  
rules say... but the reason the rules say that is

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Re: RIM patents a URN (and ignores IETF IPR rules)

2009-11-19 Thread Alexey Melnikov

Cullen Jennings wrote:


I'd like to draw peoples attention to the IPR disclosure

https://datatracker.ietf.org/ipr/1213

on

http://tools.ietf.org/html/draft-montemurro-gsma-imei-urn

The associated patent seems to be

http://www.google.com/patents/about?id=O7qXEBAJ

Let me point out Mr. Allen is an author of both and a long time 
participant in IETF. Seems the 00 draft was from Oct 2006, the patent 
filed Jun 2005, and it seems we are just getting the IPR disclosure now.

I didn't have the time to study the patent/IPR disclosure yet. but ...
Given there are many ways to solve this sort of problem, and many of 
them are less likely to be IPR encumbered, I'd consider the 
possibility that the IESG should send this to the DISPATCH WG to see 
if they want to work on finding an appropriate solution to it. What do 
other people think the IESG should do with this draft? 
Speaking as an individual participant: I would like for something like 
this to be standardized. Using DISPATCH WG what to do here seems like a 
fine idea.

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Re: RIM patents a URN (and ignores IETF IPR rules)

2009-11-19 Thread Michael Montemurro
Dear all,

I understand the community’s concerns regarding the timeliness of the
disclosure.  As I’m sure everyone can understand, as employees of
companies we are bound by confidentiality obligations and, in
addition, cannot always control our company’s internal processes.  The
community’s concerns have been brought to the attention of my employer
and they are in the process of evaluating the concerns.  My company
has asked for your patience while they take the time to evaluate the
concerns and determine if there is an appropriate course of action in
this matter to alleviate the concerns of the community.

Your understanding is appreciated.

Thanks,

Mike
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Re: RIM patents a URN (and ignores IETF IPR rules)

2009-11-19 Thread tytso
On Thu, Nov 19, 2009 at 07:38:26PM -0500, Michael Montemurro wrote:
 Dear all,
 
 I understand the community’s concerns regarding the timeliness of the
 disclosure.  As I’m sure everyone can understand, as employees of
 companies we are bound by confidentiality obligations and, in
 addition, cannot always control our company’s internal processes.  The
 community’s concerns have been brought to the attention of my employer
 and they are in the process of evaluating the concerns.  My company
 has asked for your patience while they take the time to evaluate the
 concerns and determine if there is an appropriate course of action in
 this matter to alleviate the concerns of the community.

This is true, but as participants in the IETF, you can (and are
expected to) refuse to bring forward specifications for
standardization that blatently violate IETF's rules and processes

- Ted
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Re: RIM patents a URN (and ignores IETF IPR rules)

2009-11-19 Thread Randy Presuhn
Hi -

 From: Michael Montemurro montemurro.mich...@gmail.com
 To: IETF-Discussion list ietf@ietf.org; Cullen Jennings 
 flu...@cisco.com
 Sent: Thursday, November 19, 2009 4:38 PM
 Subject: Re: RIM patents a URN (and ignores IETF IPR rules)
...
 My company
 has asked for your patience while they take the time to evaluate the
 concerns and determine if there is an appropriate course of action in
 this matter to alleviate the concerns of the community.
...

With the long history of Note Well slides and notices,
and the claim of http://tools.ietf.org/html/draft-montemurro-gsma-imei-urn
to be in full conformance with BCP 79,
it would seem the time for evaluating an appropriate course of action
was some time in the past.

This looks really bad to me, and I'm having a hard time figuring out what an
innocent explanation for this might be.

Randy

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Re: RIM patents a URN (and ignores IETF IPR rules)

2009-11-19 Thread Fred Baker
In my company's case, we file IPR disclosures on patent applications  
as well as allowed claims. That is consistent with our corporate  
policy of encouraging innovation and patenting defensively; our  
disclosures as a rule include the fact that we do not seek monetary  
reward unless another party would rather trade IPR licenses mediated  
by expensive lawyers than accept a free RFC 1988 license.


One of the concerns with filing IPR-laden concepts in a standard  
without disclosure is that courts have been known to disallow the  
protections a patent provides when IPR has been disguised in the  
standards process. The IETF policy of disclosure is there to protect  
your patent rights, not disrupt them.


Your patent attorneys may want to rethink that matter.

On Nov 20, 2009, at 9:38 AM, Michael Montemurro wrote:


Dear all,

I understand the community’s concerns regarding the timeliness of the
disclosure.  As I’m sure everyone can understand, as employees of
companies we are bound by confidentiality obligations and, in
addition, cannot always control our company’s internal processes.  The
community’s concerns have been brought to the attention of my employer
and they are in the process of evaluating the concerns.  My company
has asked for your patience while they take the time to evaluate the
concerns and determine if there is an appropriate course of action in
this matter to alleviate the concerns of the community.

Your understanding is appreciated.

Thanks,

Mike
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RIM patents a URN (and ignores IETF IPR rules)

2009-11-18 Thread Cullen Jennings


I'd like to draw peoples attention to the IPR disclosure

https://datatracker.ietf.org/ipr/1213

on

http://tools.ietf.org/html/draft-montemurro-gsma-imei-urn

The associated patent seems to be

http://www.google.com/patents/about?id=O7qXEBAJ

Let me point out Mr. Allen is an author of both and a long time  
participant in IETF. Seems the 00 draft was from Oct 2006, the patent  
filed Jun 2005, and it seems we are just getting the IPR disclosure now.


Given there are many ways to solve this sort of problem, and many of  
them are less likely to be IPR encumbered, I'd consider the  
possibility that the IESG should send this to the DISPATCH WG to see  
if they want to work on finding an appropriate solution to it. What do  
other people think the IESG should do with this draft?



Cullen









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