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Subject: Re: [emergency] Azos AI, LLC Patent

Hey all,  I appreciate the discussion on this topic and thought it was useful.  We were made aware of this a year ago and I thought there was a short discussion about it on the list.  Although, it could have just been at the OASIS conference in '06.  In any case, Jamie Clark of OASIS is aware of this and when Julia was secretary, he instructed us to make the statement on the web page.  I was told that we didn't need to worry about it, so haven't.  Jamie, is there any other updates or information that can be shared on this at this time?  Elysa

At 07:42 PM 5/1/2007, Rex Brooks wrote:
Thanks Renato,

Apparently, this third party claim is based on an assumption that their patent pertains to any transport protocol that supports a "device for which a communication controller" can "assume control over incoming communications." This is in some sense an Essential Claim.

So I guess we get to research what an Essential Claim means.


Essential Claims - those claims in any patent or patent application in any jurisdiction in the world that would necessarily be infringed by an implementation of those portions of a particular OASIS Committee Specification or OASIS Standard created within the scope of the TC charter in effect at the time such specification was developed. A claim is necessarily infringed hereunder only when it is not possible to avoid infringing it because there is no non-infringing alternative for implementing the Normative Portions of that particular OASIS Committee Specification or OASIS Standard. Existence of a non-infringing alternative shall be judged based on the state of the art at the time the OASIS Specification is approved

FWIW: The Patent Abstract:

"A communications controller is provided for empowering the user of a communications device, such as a telephone or other device, to assume control over incoming communications...."

At 9:36 AM +1000 5/2/07, Renato Iannella wrote:
On 2 May 2007, at 08:47, Rex Brooks wrote:

This is the first time I have heard of this. My question to OASIS would be: How did this get here? I don't recall this company being associated with this OASIS TC, let alone contributing anything that could be claimed to be ipr essential to CAP. I wonder if this is somehow connected to CAP before it was brought under OASIS? A cursory glance at their website indicates that their technology is "wireless" specific and CAP is transport independent.

The OASIS IPR Policy [1] states that anyone can make claims on OASIS specs.           

This entry seems to be added  on 19 May 2006.   Perhaps the TC should have been formally notified?

The IPR Policy also says:

"Any disclosure of Disclosed Claims shall include (a) in the case of issued patents and published patent applications, the patent or patent application publication number, the associated country and, as reasonably practicable, the relevant portions of the applicable draft or approved OASIS Committee Specification or OASIS Standard; and (b) in the case of unpublished patent applications, the existence of the unpublished application and, as reasonably practicable, the relevant portions of the applicable draft or approved OASIS Committee Specification or OASIS Standard."

It seems this was not followed in this case. It would be good if the claimant made the effort, so we don't have to trawl through patents.

Cheers...  Renato Iannella

[1] < http://www..oasis-open.org/who/intellectualproperty.php >

Rex Brooks
President, CEO
Starbourne Communications Design
GeoAddress: 1361-A Addison
Berkeley, CA 94702
Tel: 510-849-2309

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