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To: Maurice Winn who wrote (875)8/15/2007 1:20:04 PM
From: limtex  Respond to of 9132
 
MW - I'm with you but Judge Brewster is a senior Federal Court Judge and don't his decsion count as precedent and therefore the latest statement of the law?

ie declare or your patents can't be enforce. So that is that until an appeal.

Best,

L



To: Maurice Winn who wrote (875)8/15/2007 1:36:38 PM
From: pyslent  Read Replies (1) | Respond to of 9132
 
It seems obvious that those developing the standards should not depend only on those dabbling in the standard.

Do you suggest that active participants also do not need to "disclose? If you are drawing a distinction between "participating" and "attending," then I will agree with you on that. But those who are in a position to say what goes in and what stays out of the standard need to be upfront about how they might benefit.

Also, I certainly agree that there needs to be due diligence done to see what other toes are being trampled on from non-participants (ensure freedom to operate and all that).

You seem to be suggesting a scenario in which both the JVC and Qualcomm must have been aware that Qualcomm both had relevant IPR and was in attendance. That being the case, by not addressing the issue, the JVC clearly gambled that attendance equalled participation (hoping to use Qualcomm's IPR for free), while Qualcomm made the opposite gamble (hoping that their IPR had not been waived). That's the only interpretation consistent with their actions.