[cabf_validation] Function of the PAG

[kirk_hall at trendmicro.com]

I'm still pretty confused about what was discussed in the initial PAG meeting on July 24 (which I could not attend), but if you read our IPR Policy (attached), the purpose of the PAG is not to draft new Baseline Requirements or anything similar.  Instead, the purpose of the PAG is to compare existing or proposed Baseline Requirements or EV Guidelines against the patents disclosed for CABF members and where a conflict is seen (e.g., a BR or EVGL seems to infringed on someone's disclosed patents), to report back to the Forum for consideration.  See Section 7 below (the numbering errors are in the original).  The PAG is not the place to create or discuss new BRs or EVGLs.

Ben's draft on domain confirmation methods that was just circulated to the PAG list is something the Validation Working Group has never seen (and I'm not sure it will be supported), so I'm not sure of its relevance to the work of the PAG.


CA/BROWSER FORUM

Intellectual Property Rights Policy



***



7. Exception Handling

7.1. PAG Formation

In the event a patent has been disclosed that may contain an Essential Claim, but such Essential Claim is not available under CAB Forum RF Licensing, a Patent Advisory Group (PAG) will be launched to resolve the conflict. The PAG is an ad-hoc group constituted specifically in relation to the Final Guideline or Final Maintenance Guideline containing the conflict. A PAG may also be formed without such a disclosure if a PAG could help avoid anticipated patent problems.

7.2. PAG Formation After a Guideline Is Adopted
A PAG may also be convened in the event Essential Claims are discovered after a Guideline is issued. In this case the PAG will be open to any interested Member, though the PAG may choose to meet without the holder of the Essential Claims in question.

7.3. PAG Procedures

7.4.1. PAG Formation Timing

The PAG will be convened by a Chair who shall be elected by the PAG and who must not be affiliated with the company owning the Essential Claim that is the subject of the PAG, The timing for convening the PAG is at the discretion of the Chair. In some cases, convening a PAG before a specific patent disclosure is made may be useful. In other cases, it may be that the PAG can better resolve the licensing problems when the specification is at the Review Period level.

7.5.1. Possible PAG Conclusions

After appropriate consultation, the PAG may conclude:

a. The initial concern has been resolved, enabling the work on the Guideline to continue.

b. The CAB Forum should be instructed to consider designing around the identified claims.

c. The PAG should seek further information and evaluation, including and not limited to evaluation of the patents in question or the terms under which CAB Forum RF licensing requirements may be met.

d. The project relating to the Draft Guideline in question should be terminated.

e. The Final Guideline or Final Maintenance Guideline should be rescinded.

f. Alternative licensing terms should be considered.



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