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To: slacker711 who wrote (1099)8/24/2007 12:38:13 PM
From: Eric L  Respond to of 9132
 
TIA and the 'Bad Actor' Syndrome

<< Just for the record, I dont really have any idea what kind of punishment Brewster will deliver, but am more worried about the potential implications of his ruling that Qualcomm abused the standards process. The ruling certainly seems to put the GPRS/EDGE trials at risk. >>

Interesting slide below which was part of a presentation by the Telecommunications Industry Association of the USA (TIA) to the IPR Working Group of the Global Standards Collaboration GSC) which is coordinating global IPR policy based on RAND/FRAND at GSC-12 earlier this summer in Japan. ALL Organizational Partners (OPs) of both 3GPP and 3GPP2 are represented. TIA is, of course the SSO responsible for the publication for all CDMA standards (IS-95, IS-2000, IS-856).

============================================================================================
The Reality

• Today there are more than 16,455 International Standards (with many more in process)

--> Thousands more are adopted by industry associations, consortia, and other SSOs on a global basis

• The number of real disputes over IP-related issues in our sector per year typically is less than 10!

--> Most of these involve a patent holder that is accused of intentionally hiding its IP and not disclosing it until after investments are made with regard to implementations – the “bad actor” syndrome

--> There are so few disputes, most folks can recite the names of the cases: ‘Dell,’ ‘Rambus,’ etc.
============================================================================================

Judge Brewster added the name of one more case.

GSC here:

gsc.etsi.org

Principle GSC Participating Standards Organizations

ACIF  	Australian Communications Industry Forum Ltd  	     Australia
ARIB Association of Radio Industries and Businesses Japan
ATIS¹ Alliance for Telecommunications Industry Solutions USA
CCSA The China Communications Standards Association China
ETSI European Telecommunications Standards Institute Europe
ISACC ICT Standards Advisory Council of Canada Canada
ITU-R International Telecommunication Union International International
ITU-T International Telecommunication Union International International
TIA² Telecommunications Industry Association USA
TTA Telecommunication Technology Association Korea
TTC The Telecommunication Technology Committee Japan
·
Others include: IEEE-SA, IEC SB4, EPO, ANSI, OMA, WIPO, CCSA, ISACC, and BWCI
·
¹ ATIS is the US Standards Organizational Partner for 3GPP
² TIA is the US Standards Organizational Partner for 3GPP2

Best,

- Eric -



To: slacker711 who wrote (1099)8/24/2007 1:52:52 PM
From: limtex  Read Replies (1) | Respond to of 9132
 
slacks - Seems to me that the issue is now resolving into two possibilities:

1. Various people in Q mainly centered around the legal department had a mutual brainstorm and went stark raving mad and by doing so have placed the entire company in jeopardy

OR

2. Q's core/cdma (and GSM/DEGE) IPR is solid properly registered and not compromised by disclosure issues and and can be enforced. And that what has happened in the three BRCM cases are aberations and that there is some rational explanation for all of them save for any conflicting testimony given to Rudis court.

My guess is that there is actually a little of 1. but mostly the position sits more in the general area of 2.

As for Wednesday - my question is can Rudi impose a fine of lets say over $100m.

Best,

L



To: slacker711 who wrote (1099)8/24/2007 3:38:30 PM
From: mindykoeppel  Read Replies (2) | Respond to of 9132
 
SLACKER:

I thought that the jury verdict in Judge Brewster's courtroom found that the video compression patent was VALID but UNENFORABLE and the second part of the verdict was that Qualcomm had abused the Standard process - ie. UNCLEAN HANDS!
And the rememdy for the standard abuse was to be decided by Judge Brewster. I believe that BREWSTER THREW OUT the UNLEAN HANDS or standard abuse already. Please advise. There were three different issues in that jury decision and the part of the standard abuse was negated by Brewster. Thanks in advance.