To: slacker711 who wrote (72962 ) 1/8/2008 3:43:08 PM From: Rob S. Read Replies (2) | Respond to of 196906 The amended IEEE, WiMAX Forum, 3GPP-ETSI FRAND policy agreements include both essential technology to core and optional use of technology (non-essential technology). How broadly that net can be cast is a matter for debate and probably tests by the courts but it is intentionally aimed at incorporating all technology used in present and evolved wireless and other systems governed by the various standards. Essential patents are not necessarily impossible to work around. Some methods used in wireless systems can be worked around if they do not impact performance or features to a degree that impacts commercial merits. Qualcomm, for example, says that they have a work around to Broadcom's H.264 patents that they have already sampled to customers. Broadcom, of course, says that they will scrutinize Qualcomm's designs and has said that they do not think the patents can be gotten around. The courts will likely have to decide as a willing agreement between these parties looks unlikely. A key issue that is being fought from several directions is how transparent companies must be in their disclosure of IPR or potential IPR used in standards. The SSO's are attempting to broaden the coverage of FRAND agreements to include both essential, optional and future use of technologies. For instance, if a company participates in a standard but latter withdraws, they are likely to remain bound by the standard under the current agreements. For that among other reasons, Qualcomm has withheld participation in some standards efforts and has, according to court rulings, attempted to get around the agreements through the use of consultants who act as surrogates to incorporate Q's IPR. And the standards groups are setting higher bars for disclosure and enforcing procedures, such as declarations at the start of meetings and references in almost all conceivable documents.