ATIS Intellectual Property Rights Policy Review Thomas Goode General Counsel, ATIS DOCUMENT #:GSC13-IPR-08 FOR:Presentation or Information SOURCE:ATIS AGENDA ITEM:4 CONTACT(S):Thomas Goode Submission Date: July 8, 2008

2 The ATIS IPR Policy Review Task Force was established in November 2006 at the direction of the ATIS Board of Directors to determine whether changes to ATIS ’ IPR policy could make the standards development process more effective. –It is comprised of IPR policy subject matter experts from ATIS Board representatives, including representatives from: ADTRAN, Inc. AT&T Alcatel-Lucent Cisco Corning Ericsson Global Crossing Hewlett Packard Intel Corporation ATIS IPR Policy Review Task Force Motorola Nortel QUALCOMM Qwest Research In Motion Tekelec T-Mobile Verizon

3 Background – ATIS IPR Policy ATIS follows the ANSI Patent Policy. –ATIS encourages the disclosure of relevant patented inventions at the “earliest possible time” in the development of an ATIS deliverable. –If an ATIS deliverable requires the use of a patented invention, ATIS shall receive assurance: in the form of a general disclaimer to the effect that the party does not hold or does not currently intend holding any invention, the use of which would be required for compliance with the proposed deliverable; or that a license will be made available without compensation or that a license will be made available under reasonable terms and conditions that are demonstrably free of any unfair discrimination.

4 ATIS IPR Policy Review Task Force The Task Force has examined the existing ATIS IPR Policy and did not identify any specific IPR-related problems that must be corrected. –Other initial conclusions of the Task Force included: patent landscaping should not be undertaken by ATIS; given the breadth of ATIS’ activities, the IPR policy should retain its flexibility to accommodate the needs of specific ATIS committees and forums; and ATIS may wish to consider the potential for IPR-related issues when new ATIS committees and forums are created (e.g., to determine whether new disclosure mechanisms may be beneficial). The Board has asked the Task Force to continue its examination of possible policy changes that could be beneficial to ATIS’ standard development activities. In June 2008, the Board approved the use of an IPR Disclosure and Assurance Form developed by the Task Force based on ATIS’ existing IPR policy. –Use of this form is voluntary; IPR-related disclosures and assurances may be made through other methods. –The form may help facilitate timely disclosures and assurances, and may promote compliance with ATIS’ policy.

5 ATIS IPR Policy Review Task Force The Task Force is continuing its evaluation of potential issues for further consideration by the Task Force. Work will continue to: –Further refine the existing ATIS IPR policy based on issues raised by the Task Force during the development of the voluntary disclosure and assurance form. –Consider changes to the IPR policy to address issues such as: irrevocability; the imposition of assurance obligations on transferees; the potential creation of alternative ATIS IPR policies; and the establishment of a policy that a RAND commitment or a commitment to license on specific terms disclosed ex ante should be a commitment to license worldwide to any implementer. –The Task Force is prioritizing its examination of these issues; it is not clear whether consensus will be reached on any of these changes.