Subject: RE: [Capwap] RE: IPR issues

From: "Wijnen, Bert (Bert)" <[email-masked]>
Date: Thu, 15 Sep 2005 15:07:43 +0200

Inline

> -----Original Message-----
> From: [email-masked] [mailto:[email-masked]]On
> Behalf Of Nelson, David
> Sent: Thursday, September 15, 2005 14:48
> To: [email-masked]
> Subject: RE: [Capwap] RE: IPR issues
> 
> 
> Darren Loher writes...
> 
> > In order to be successful, whatever this working group
> > creates and emerges as the CAPWAP protocol must be free 
> > of licensing requirements.
> 
> That may be something of a cat-and-mouse game.  As has been 
> observed in this thread, the WG doesn't know what claims in 
> the unpublished, pending patents are asserted against the 
> CAPWAP submissions.  The fact that IPR notices have been 
> asserted against all the submissions tends to indicate that 
> some of the claims are quite broad.
> 

<speaking as individual, no hat>

Let me also add, that we NEVER know if there are IPR or
Patents out there or in the works. There may be people
who are not participating in the IETF (and specifically 
not in this WG) who have IPR or patents in whatever-technology
we develop, and they could surface even after we have published
a standards track RFC. 

That is not to say that the WG is not allowed to try and develop
a protocol that works around the current IPR claims (however
difficult that may turn out to be)... it is to say, that one
never knows for sure in advance.

</speaking as individual, no hat>
Bert
> As someone who has some experience in structuring the claims 
> in patent applications, I will observe that it is general 
> practice to include both narrow as well as broad claims in 
> your application.  Generally speaking, the broader the 
> claims, the more valuable the patent.  Some claims may 
> eventually be disallowed by the Patent and Trademark Office, 
> of course.
> 
>  
> 
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