In my company's case, we file IPR disclosures on patent applications
as well as allowed claims. That is consistent with our corporate
policy of encouraging innovation and patenting defensively; our
disclosures as a rule include the fact that we do not seek monetary
reward unless another party would rather trade IPR licenses mediated
by expensive lawyers than accept a free RFC 1988 license.
One of the concerns with filing IPR-laden concepts in a standard
without disclosure is that courts have been known to disallow the
protections a patent provides when IPR has been disguised in the
standards process. The IETF policy of disclosure is there to protect
your patent rights, not disrupt them.
Your patent attorneys may want to rethink that matter.
On Nov 20, 2009, at 9:38 AM, Michael Montemurro wrote:
Dear all,
I understand the community’s concerns regarding the timeliness of the
disclosure. As I’m sure everyone can understand, as employees of
companies we are bound by confidentiality obligations and, in
addition, cannot always control our company’s internal processes. The
community’s concerns have been brought to the attention of my employer
and they are in the process of evaluating the concerns. My company
has asked for your patience while they take the time to evaluate the
concerns and determine if there is an appropriate course of action in
this matter to alleviate the concerns of the community.
Your understanding is appreciated.
Thanks,
Mike
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