I don't see the issue as being whether the decision would have been
different, the rules were not followed. Rescinding the decision is
certainly appropriate.
It would be useful to know whether any other parties have implemented
this spec to date. If so the situation is rather different since the
other parties would be affected in two ways, first by the withdrawal
of the registration itself but secondly as it may affect defenses
against a RIM infringement claim under the Dell decision.
We should remember that the intention of the rules was to make them
self-policing by attempting to engage legal sanctions in the case of
default. If a company does not make timely disclosure of its IPR it
risks having damaged it.
On Wed, Nov 18, 2009 at 9:13 PM, Brian E Carpenter
<brian(_dot_)e(_dot_)carpenter(_at_)gmail(_dot_)com> wrote:
How about the IESG simply rescinds its decision in this week's
meeting? I don't see any need for an appeal; if there's a
prima facie violation of the disclosure rules, it's just a
management item. Much less bother than an appeal.
Of course, the rescission would be subject to appeal, but
that's another story.
Brian
On 2009-11-19 15:02, Cullen Jennings wrote:
On October 8, the IESG approved the registration of
application/3gpp-ims+xml Media Type. On Nov 2, RIM filed an IPR
disclosure related to this at
https://datatracker.ietf.org/ipr/1219/
The associated patent, filed Oct 2008, is at
http://www.google.com/patents?id=Mk7GAAAAEBAJ
and the related draft is
http://tools.ietf.org/html/draft-bakker-sipping-3gpp-ims-xml-body-handling
I will note John-Luc Bakker from RIM is an author of both the patent
and and the draft. The draft has been widely discussed at IETF with no
mention of IPR before this. As an IESG member, I was not aware of this
IPR at the time the approval was made and I do not believe any other
IESG members were aware of it. I do believe the discussion would have
been different had the IESG been aware of this IPR.
If anyone thinks this is, ah, inappropriate, I would recommend they
appeal the IESG decision to approve this. (see section 6.5 of RFC 2026
for how this works). An IETF LC on this in the future would allow the
community to make an decision that was informed of the IPR.
Cullen
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