Fostering worldwide interoperabilityGeneva, July 2009 ATIS Intellectual Property Rights Policy Review Thomas Goode General Counsel, ATIS DOCUMENT #:GSC14-IPR-009 FOR:Presentation SOURCE:ATIS AGENDA ITEM:IPR; 4 CONTACT(S):Thomas Goode

Fostering worldwide interoperability 2 Geneva, July 2009 The ATIS IPR Policy Review Task Force was established in November 2006 at the direction of the ATIS Board of Directors. It is comprised of IPR policy subject matter experts from ATIS Board companies. The Task Force’s mission is to determine whether ATIS’ IPR policy should be amended to make the standards development process more effective. No specific problems have been identified. The Task Force is taking a proactive approach to examine possible improvements. The Task Force has met on a monthly/bi-monthly basis (9 meetings since GSC-13). ATIS IPR Policy Review Task Force

Fostering worldwide interoperability 3 Geneva, July 2009 ATIS follows the ANSI Patent Policy Section 10.4 of the ATIS Operating Procedures details ATIS’ patent disclosure and assurance policy, which: Encourages the disclosure of relevant patented inventions at the “earliest possible time” in the development of ATIS deliverables; and Establishes that, if ATIS receives notice that a deliverable may require use of a patented invention, an assurance must be received that licenses will be made available on reasonable and nondiscriminatory terms. Background – ATIS IPR Policy

Fostering worldwide interoperability 4 Geneva, July 2009 The Task Force ’ s current work has focused on the issue of irrevocability of licensing assurances: A “straw” ballot was recently sent to Task Force members to gauge their views on 5 alternatives related to irrevocability. 4 of these alternatives suggest revisions to the ATIS Operating Procedures; the other alternative recommends that no change related to irrevocability is necessary. The results of the straw ballot will be reported to the ATIS Board. Recent Task Force Activity

Fostering worldwide interoperability 5 Geneva, July 2009 Future Task Force Issues The Task Force has identified other issues for consideration, including whether ATIS’ Patent Policy should specifically address: the imposition of assurance obligations on transferees; the potential creation of alternative ATIS IPR policies for specific committees; mandatory worldwide licensing; and mandatory exhaustive licensing. These issues have not yet been discussed, and whether consensus will exist regarding any of them is yet to be determined.

Fostering worldwide interoperability 6 Geneva, July 2009 Supplementary Slides

Fostering worldwide interoperability 7 Geneva, July 2009 ATIS Member Companies Participating in the ATIS IPR Policy Review Task Force ADTRAN, Inc. Alcatel-Lucent AT&T Cisco Corning Ericsson Global Crossing Hewlett Packard Motorola Net Traffic Nortel QUALCOMM Qwest Research In Motion Tekelec T-Mobile Verizon IPR Policy Review Task Force

Fostering worldwide interoperability 8 Geneva, July 2009 ATIS Patent Policy Section 10.4 of the ATIS OP If ATIS or ANSI receives a notice that a proposed American National Standard may require the use of a patented invention, the procedures in this clause shall be followed Statement from patent holder Prior to approval of such a proposed American National Standard, ATIS or ANSI shall receive from the identified party or patent holder (in a form approved by ATIS or ANSI) either: assurance in the form of a general disclaimer to the effect that such party does not hold or does not currently intend holding any invention the use of which would be required for compliance with the proposed American National Standard or assurance that: A license will be made available without compensation to the applicants desiring to utilize the license for the purpose of implementing the standard; or A license will be made available to applicants under reasonable terms and conditions that are demonstrably free of any unfair discrimination.