 Nortel 920-548 : Carrier VoIP Border Control Point Configuration and Datafill ExamExam Dumps Organized by Donghai
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Exam Number : 920-548
Exam Name : Carrier VoIP Border Control Point Configuration and Datafill
Vendor Name : Nortel
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Nortel VoIP Practice Questions
“A statement to ETSI is not […] an allegation of essentiality however somewhat a dedication to make licenses purchasable to the declared patents on FRAND phrases and stipulations.”
A traumatic fashion has lately emerged whereby an alleged lack of transparency associated with the ecu Telecommunications specifications Institute (ETSI) intellectual property rights database (IPR Database) is being used in aid of antitrust allegations and to suggest radical adjustments to the fair, budget friendly and non-discriminatory (FRAND) licensing framework for 3G, 4G and 5G instant technology. however is there definitely one of these transparency problem or is that this yet another attempt to tilt stability of power in desire of implementers and excuse hold-out?
The function of ETSI’s IPR coverage and IPR Database
before delving into these fresh traits, believe first what ETSI meant to obtain with its intellectual property rights coverage (IPR policy) and IPR Database. ETSI’s fundamental challenge was ensuring that FRAND licenses would be accessible to implementers for any patents elementary to practising a common, such because the specifications developed throughout the 3GPP for 3G, 4G and 5G wireless communications. ETSI executed this aim via its IPR coverage which changed into designed to identify potentially primary patents so that licensing commitments may well be secured. These licensing commitments are then uploaded to ETSI’s IPR Database to facilitate implementers realizing if any patent brought to their attention is available for FRAND licensing.
The IPR Database does not, youngsters, point out if a license is required for any given patent. it really is to assert, ETSI’s IPR Database isn't, and become no longer supposed to be, a real time, up up to now repository of handiest standard, valid and unexpired patents needed to observe the necessities. See, for example, the “Disclaimer” on ETSI’s IPR Database (emphasis introduced):
NO REPRESENTATIONS AND/OR WARRANTIES (whether specific OR IMPLIED) ARE MADE by THE ETSI SECRETARIAT concerning ANY OF THE highbrow PROPERTY RIGHTS CONTAINED in the current IPR online DATABASE, including but no longer restricted TO THE ACCURACY, COMPLETENESS, VALIDITY, APPLICABILITY OR RELEVANCE OF THE counsel OR even if OR now not SUCH RIGHTS ARE elementary AS PER THE DEFINITION OF THE ETSI IPR coverage.
also noteworthy is that ETSI’s IPR coverage encourages so known as “over announcement” by seeking disclosure of patents that “might be essential”, given it is in ETSI’s interest that more patents be discipline to FRAND licensing commitments than much less. extra, ETSI encourages disclosure of doubtless basic patents early in the standardization manner which complicates essentiality determinations given the necessities text and patents claims are often in flux at that factor.
Lenovo v. InterDigital
in spite of the fact that the ambitions underlying ETSI’s IPR coverage and IPR Database Lenovo asserts, in a these days filed complaint, that InterDigital Communications (IDC) has engaged in anticompetitive conduct, and breached its commitment to ETSI for, amongst different factors, overstuffing the ETSI Database (emphasis introduced):
IDC compounded the misleading nature of its IPR Declarations with the aid of declaring thousands of its patents as basic to the cellular necessities without regard as to whether those patents are truly—or moderately may also turn into—fundamental, thereby creating a thicket of alleged SEPs intended to elevate the expenses and complexity, as a realistic count number, for expertise licensees to determine thoroughly those claims of essentiality. In doing so, IDC tilts negotiations improperly in its desire via a massive and disproportionate imposition of transaction expenses upon implementers of the mobile necessities that seek to license cellular SEPs on FRAND terms.
A statement to ETSI is not, youngsters, an allegation or affirmation of essentiality however rather a dedication to make licenses purchasable to the declared patents on FRAND terms and conditions to the extent they're or develop into, and stay, primary.
Lenovo’s grievance tacitly acknowledges that now not all patents for which licensing commitments have been made are primary via noting InterDigital’s position concerning its share of patents “prone to be simple”:
IDC claims to hold a portfolio of over 34,000 patents and patent functions global. as a result of its manipulation of the typical-surroundings process, its deceptive FRAND commitments, and its over-announcement of patents to ETSI, IDC claims that thousands of its patents are simple to the mobile requirements, although it is cautious no longer to determine all such patents with particularity. as an alternative, IDC purports to manage 7-10% of the patents “seemingly” to be elementary to the 3G UMTS ordinary and basically 10% of the patents “doubtless” to be primary to the 4G LTE general.
For if InterDigital is asserting it controls 7-10% of the patents that are more likely to be primary in keeping with reports via third-celebration analysts, that is going to be a long way below the whole variety of InterDigital patents within the ETSI Database according to commonplace charges of “over declaration” (which is a misnomer given the aforementioned intention of ETSI’s IPR policy and IPR Database). further, Lenovo’s acknowledgement of such third-party studies inspecting essentiality undermines its position that reviewing ETSI’s IPR Database is essential to determine relative shares of SEP ownership.
interestingly, and giving very little credit to the intelligence of arbitrators, Lenovo raises a different straw man saying that “…IDC’s efforts to coerce Plaintiffs into arbitration is purely another potential by which is seeks to take talents of secrecy and its inflated counts of declared SEPs to extract non-FRAND royalties…”. but although one were to assume, arguendo, that IDC would are trying to equate the number of patents for which declarations have been submitted to ETSI to its share of seemingly SEPs, which it doesn’t seem like doing, that façade would stop to be beneficial the moment Lenovo pointed out that inclusion in ETSI’s IPR Database doesn't suggest the patents are, really, essential.
notwithstanding simplest mentioned once in its criticism, Lenovo frames such concerns as being a depend of “transparency”, despite that term now not having an authorized felony which means or realizing in the business:
Transparency in licensing of SEPs would, in contrast, permit prospective licensees to assess more conveniently the value of IDC’s portfolio, in addition to expose IDC’s non-compliance with its FRAND commitments and its pattern and follow of violating its FRAND licensing obligations.
but is this really a depend of transparency given InterDigital’s patents, the licensing declarations submitted to ETSI (which aid slender down those InterDigital patents that might be basic), the requirements, and prior artwork are all publicly attainable? With appreciate to the licensing declarations, note that in contrast to the circumstance with ETSI, where patent numbers and specifications section numbers are supplied, “blanket” declarations are common in the IEEE and ITU, with patent owners merely declaring that, to the extent they have got any patents that could be basic, they're prepared to license on RAND or FRAND as the case may well be.
to make use of Lenovo’s personal phrases, this sounds extra like an issue of who should undergo the “transaction fees” of determining which patents deserve to be licensed and what the appropriate FRAND charges should still be. however what is incorrect with Lenovo having to do its own analysis and taking its options on situation of non-compliance with FRAND in courtroom if not agreeing with InterDitigtal’s evaluation, as compared to making InterDigital display its hand in pre-litigation negotiations without any dedication from Lenovo to reap FRAND licenses? Taking Lenovo’s proposed approach to the logical subsequent step, is InterDigital also responsible for inspecting third party patents given assessing its compliance with FRAND requires consideration of the full universe of basic patents?
The ‘SEPs professional group’
An “expert neighborhood” set up by using the european commission “to supply the fee with financial, prison and technical talents and to support the commission to inform coverage measures that it will probably take to ensure a balanced framework for smooth, efficient and positive licensing of SEPs”, also noted considerations with transparency in its January “Contribution to the debate on SEPs” (“Contribution”). specially, the Contribution states that “there's a scarcity of transparency as to the possession and variety of proper SEPs masking an adopted standard, which makes it tricky for implementers to determine what SEP licences they need for their ordinary-compliant items or services” and, in keeping with the experts, “providing more suitable transparency on the SEP panorama may be a good option to each SEP holders and implementers because it may additionally facilitate smoother SEP licensing negotiations and reduce SEP litigation” (emphasis brought). The Contribution notes, youngsters, that “there's at the moment no clear facts” of a lack of transparency expanding licensing transaction fees and making FRAND licensing less effective.
where the consultants in reality go off the rails is with recognize to ETSI’s IPR Database. as an example, the Contribution notes that whereas ETSI’s declarations are extra distinctive than those used by means of other standard development groups, they “aren't constantly up to date to reflect alterations in the SEP landscape” to reflect that “[p]atent applications may be rejected, patents may well be invalidated or expire or lose their elementary character, as requirements are permitted, supplemented or amended…” slightly quite, the consultants make this remark despite acknowledging the goal of the assertion system turned into “to make sure that all patents which are or could develop into primary to a standard can be found for licensing…” and that such declarations were “no longer intended to facilitate SEP licensing…”.
although the lack of proof related to the affects of transparency issues, and the goal behind ETSI’s IPR coverage and IPR Database, the Contribution goes on to make a few proposals the mammoth majority of which region further burdens and duties on patent homeowners. as an example, the Contribution proposes requiring patent owners to reap third party essentiality assessments, to put up more information to ETSI (e.g. the consequences of essentiality assessments), to update information provided to ETSI, to speed up prosecution for declared patents, and to habits prior paintings searches amongst other things. setting apart the myriad issues such proposals would create, lots of which are touched on within the Contribution itself, the biggest issue is the underlying and unsupported assumption that the FRAND licensing regime is supposed to provide implementers with full transparency, with none obligation to reciprocate.
The huge Imbalance
related to whom, as between patent homeowners and implementers, should still shoulder the burden of assessing the essentiality and value of requirements connected patents (i.e. “the transaction costs”), consider the proven fact that patent owners have already made significant investments into innovating and patenting these improvements, whereas implementer were free to commercialize, and cash in on, the know-how without any duty to enter into FRAND licenses.
additionally, value questioning is the excellent nature of the narrative that enormous implementers one way or the other are losing sleep over now not being capable of identify all the patents they need they might license but can not, due to the state of ETSI’s IPR Database. trust, for example, that many tech corporations have an implicit (if not express) internal coverage combating their employees from looking at, or commenting on, third-birthday celebration patents in an effort to in the reduction of the chance of willful infringement. extra simple is the view of the european “expert group”, that patent owners usually have to make the first circulate:
the shortcoming of aspect in a huge of majority of SDO declarations makes it difficult if no longer unimaginable for an implementer the use of the usual to confirm the scope of licenses vital to stay away from infringing applicable SEPs. as an alternative, implementers should do their due diligence on these questions concerning the probably relevant SEPs portfolios individually, although SEP holders are dealing with the identical questions. accordingly, many implementers may opt for now not to proactively examine the rely and rather watch for SEP holders to inform them about their SEP portfolio and provide a note of infringement.
So, with the viable exception of trade giants like InterDigital, who can greater closely count on their licensing background, sheer portfolio size, and third-birthday party essentiality analyses to help their positions without identifying specific patents, implementers are neatly aware about those patents outlined in ETSI’s IPR Database which are believed to be standard, particularly these they are being approached to license.
ultimately, trust the suggestions of civil method in discovery jurisdictions as an analog which also are seeking for to raise transparency. Two remarkable distinctions from what is being proposed by way of the eu “skilled group” for FRAND licensing are: (1) the obligation to divulge critical tips is reciprocal; and (2) a influence is certain. To the extent any initiatives are undertaken to raise transparency, fairness dictates that those responsibilities should still be reciprocal and designed to facilitate attaining FRAND licenses consequently.
photograph supply: Deposit PhotosAuthor: iqonceptImage identity: 39072457
Curtis Dodd is Chief highbrow Property Officer (CIPO) at Harfang IP. he is a veteran of patent monetization, enforcement and portfolio administration within the telecommunications and client electronics space with approximately twenty years of industry experience. Amongst different roles, Mr. Dodd become counsel for Nortel Networks and lead the management of its 4G instant portfolio (twice being named as an inventor). This portfolio sold to a consortium led via Apple and Ericsson in a multi-billion-greenback transaction in 2011. Mr. Dodd also labored for Wi-LAN as vice president, Patents and tips, all over which period Wi-LAN generated a whole bunch of millions of bucks in licensing profits from its core US Wi-Fi and CDMA patents and drastically grew its instant portfolio via acquisition. In 2011, Mr. Dodd joined Acacia and, as a Senior vice president and Licensing executive, helped Acacia and its partners, together with key trade gamers Nokia and Samsung, generate large licensing earnings, and helped Acacia greatly boost its instant place via a few enormous acquisitions. Most these days, as a Senior Licensing professional for Fitch Even, Mr. Dodd assisted Longhorn IP in correctly monetizing 3G and 4G LTE specifications fundamental patents formerly owned via ZTE and ASUSTeK.
For more suggestions or to contact Mr. Dodd, please seek advice from his company Profile page.
Chris Dubuc is the Founder and President of Harfang IP. He in the past established Longhorn IP, an rising chief on the earth of patent licensing. ahead of Longhorn IP, Mr. Dubuc turned into Senior vice chairman at Acacia analysis neighborhood. in advance of that, Mr. Dubuc turned into vice chairman of Licensing applied sciences at WiLAN. previously, Mr. Dubuc held various positions in engineering, revenue and product administration with a couple of corporations setting up and advertising items within the enviornment of instant technologies, including Nortel Networks, GE Fanuc and the Communications research middle. Mr. Dubuc holds a number of patents involving instant technology and has posted varied papers and articles in the enviornment of wireless know-how. Mr. Dubuc is a Senior Member of the IEEE and has been diagnosed as probably the most World’s 300 leading IP Strategist by highbrow Asset administration magazine (IAM). Mr. Dubuc holds a M.Eng. in methods and computing device Engineering from Carleton tuition and an MBA from the university of Ottawa.
For more counsel or to contact Mr. Dubuc, please discuss with his enterprise Profile web page.
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