 Nortel 920-556 : CDMA P-MCS Commissioning and Nortel Integration ExamExam Dumps Organized by Malcolm
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Exam Number : 920-556
Exam Name : CDMA P-MCS Commissioning and Nortel Integration
Vendor Name : Nortel
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Nortel Nortel Practice Questions
“A declaration to ETSI isn't […] an allegation of essentiality however reasonably a dedication to make licenses attainable to the declared patents on FRAND terms and conditions.”
A traumatic style has recently emerged whereby an alleged lack of transparency linked to the ecu Telecommunications necessities Institute (ETSI) intellectual property rights database (IPR Database) is being used in aid of antitrust allegations and to propose radical alterations to the fair, reasonable and non-discriminatory (FRAND) licensing framework for 3G, 4G and 5G instant know-how. but is there in fact this type of transparency difficulty or is this yet one other try to tilt balance of vigour in desire of implementers and excuse cling-out?
The role of ETSI’s IPR policy and IPR Database
before delving into these latest trends, trust first what ETSI meant to obtain with its highbrow property rights policy (IPR coverage) and IPR Database. ETSI’s primary challenge turned into guaranteeing that FRAND licenses would be attainable to implementers for any patents fundamental to training a standard, such because the necessities developed in the course of the 3GPP for 3G, 4G and 5G wireless communications. ETSI executed this goal through its IPR coverage which was designed to establish potentially elementary patents in order that licensing commitments may be secured. These licensing commitments are then uploaded to ETSI’s IPR Database to facilitate implementers knowing if any patent dropped at their attention is obtainable for FRAND licensing.
The IPR Database doesn't, however, point out if a license is required for any given patent. this is to assert, ETSI’s IPR Database isn't, and changed into not meant to be, a true time, up to this point repository of simplest standard, valid and unexpired patents essential to practice the specifications. See, for instance, the “Disclaimer” on ETSI’s IPR Database (emphasis delivered):
NO REPRESENTATIONS AND/OR WARRANTIES (whether express OR IMPLIED) ARE MADE through THE ETSI SECRETARIAT involving ANY OF THE intellectual PROPERTY RIGHTS CONTAINED within the present IPR on-line DATABASE, together with but now not restricted TO THE ACCURACY, COMPLETENESS, VALIDITY, APPLICABILITY OR RELEVANCE OF THE assistance OR no matter if OR now not SUCH RIGHTS ARE standard AS PER THE DEFINITION OF THE ETSI IPR policy.
also noteworthy is that ETSI’s IPR policy encourages so referred to as “over declaration” by means of looking for disclosure of patents that “may be fundamental”, given it's in ETSI’s interest that more patents be field to FRAND licensing commitments than much less. further, ETSI encourages disclosure of probably fundamental patents early within the standardization method which complicates essentiality determinations given the necessities text and patents claims are often in flux at that point.
Lenovo v. InterDigital
even though the pursuits underlying ETSI’s IPR policy and IPR Database Lenovo asserts, in a lately filed grievance, that InterDigital Communications (IDC) has engaged in anticompetitive habits, and breached its dedication to ETSI for, amongst other explanations, overstuffing the ETSI Database (emphasis introduced):
IDC compounded the deceptive nature of its IPR Declarations with the aid of declaring thousands of its patents as standard to the mobile requirements without regard to whether these patents are really—or fairly might also become—essential, thereby creating a thicket of alleged SEPs intended to raise the charges and complexity, as a practical count, for potential licensees to verify fully these claims of essentiality. In doing so, IDC tilts negotiations improperly in its want through a massive and disproportionate imposition of transaction fees upon implementers of the cellular requirements that are seeking to license mobile SEPs on FRAND phrases.
A assertion to ETSI is not, youngsters, an allegation or affirmation of essentiality but fairly a commitment to make licenses attainable to the declared patents on FRAND terms and prerequisites to the extent they are or develop into, and continue to be, primary.
Lenovo’s criticism tacitly acknowledges that no longer all patents for which licensing commitments had been made are basic with the aid of noting InterDigital’s position concerning its share of patents “prone to be essential”:
IDC claims to grasp a portfolio of over 34,000 patents and patent functions global. on account of its manipulation of the average-setting technique, its deceptive FRAND commitments, and its over-statement of patents to ETSI, IDC claims that thousands of its patents are standard to the cellular requisites, although it is careful not to establish all such patents with particularity. instead, IDC purports to manage 7-10% of the patents “probably” to be essential to the 3G UMTS average and well-nigh 10% of the patents “possible” to be essential to the 4G LTE general.
For if InterDigital is announcing it controls 7-10% of the patents which are more likely to be fundamental in accordance with reviews with the aid of third-party analysts, that goes to be a ways under the full variety of InterDigital patents in the ETSI Database according to average fees of “over statement” (which is a misnomer given the aforementioned goal of ETSI’s IPR policy and IPR Database). additional, Lenovo’s acknowledgement of such third-celebration experiences analyzing essentiality undermines its place that reviewing ETSI’s IPR Database is critical to assess relative shares of SEP ownership.
curiously, and giving little or no credit score to the intelligence of arbitrators, Lenovo raises one more straw man announcing that “…IDC’s efforts to coerce Plaintiffs into arbitration is in basic terms an additional ability during which is seeks to take knowledge of secrecy and its inflated counts of declared SEPs to extract non-FRAND royalties…”. however however one had been to anticipate, arguendo, that IDC would are attempting to equate the number of patents for which declarations were submitted to ETSI to its share of likely SEPs, which it doesn’t seem like doing, that façade would stop to be valuable the moment Lenovo stated that inclusion in ETSI’s IPR Database doesn't imply the patents are, definitely, elementary.
though only mentioned once in its complaint, Lenovo frames such issues as being a rely of “transparency”, despite that time period not having an permitted legal that means or realizing in the industry:
Transparency in licensing of SEPs would, in distinction, permit potential licensees to investigate extra with ease the cost of IDC’s portfolio, as well as expose IDC’s non-compliance with its FRAND commitments and its sample and follow of violating its FRAND licensing duties.
however is that this in fact a count of transparency given InterDigital’s patents, the licensing declarations submitted to ETSI (which support narrow down those InterDigital patents that should be would becould very well be standard), the necessities, and prior paintings are all publicly purchasable? With respect to the licensing declarations, observe that not like the situation with ETSI, the place patent numbers and requirements area numbers are provided, “blanket” declarations are usual within the IEEE and ITU, with patent owners merely declaring that, to the extent they've any patents that can be basic, they are prepared to license on RAND or FRAND because the case may well be.
to use Lenovo’s personal phrases, this sounds greater like an argument of who should undergo the “transaction costs” of picking which patents should be licensed and what the appropriate FRAND prices may still be. but what is wrong with Lenovo having to do its personal evaluation and taking its options on difficulty of non-compliance with FRAND in court docket if now not agreeing with InterDitigtal’s assessment, as compared to making InterDigital display its hand in pre-litigation negotiations with none commitment from Lenovo to attain FRAND licenses? Taking Lenovo’s proposed method to the logical next step, is InterDigital also answerable for analyzing third birthday celebration patents given assessing its compliance with FRAND requires consideration of the whole universe of simple patents?
The ‘SEPs professional group’
An “skilled neighborhood” set up by means of the european fee “to provide the commission with economic, legal and technical competencies and to aid the fee to notify policy measures that it could possibly take to make certain a balanced framework for clean, effective and effective licensing of SEPs”, also referred to concerns with transparency in its January “Contribution to the debate on SEPs” (“Contribution”). certainly, the Contribution states that “there is an absence of transparency as to the possession and number of genuine SEPs protecting an adopted regular, which makes it complicated for implementers to check what SEP licences they need for their ordinary-compliant items or capabilities” and, in accordance with the consultants, “proposing better transparency on the SEP landscape can be advisable to each SEP holders and implementers as it may also facilitate smoother SEP licensing negotiations and cut back SEP litigation” (emphasis introduced). The Contribution notes, although, that “there's at present no clear proof” of a lack of transparency expanding licensing transaction prices and making FRAND licensing much less efficient.
the place the experts in reality go off the rails is with admire to ETSI’s IPR Database. for instance, the Contribution notes that while ETSI’s declarations are more detailed than these used through other average construction groups, they “are not consistently up-to-date to replicate adjustments in the SEP panorama” to mirror that “[p]atent applications can be rejected, patents can be invalidated or expire or lose their elementary character, as specifications are authorised, supplemented or amended…” just a little relatively, the certified
make this commentary regardless of acknowledging the purpose of the announcement method become “to ensure that all patents that are or may turn into simple to a typical are available for licensing…” and that such declarations have been “not intended to facilitate SEP licensing…”.
although the shortcoming of facts related to the affects of transparency concerns, and the aim in the back of ETSI’s IPR coverage and IPR Database, the Contribution goes on to make a couple of proposals the monstrous majority of which area extra burdens and tasks on patent owners. as an instance, the Contribution proposes requiring patent homeowners to reap third party essentiality assessments, to put up additional information to ETSI (e.g. the consequences of essentiality assessments), to update counsel offered to ETSI, to accelerate prosecution for declared patents, and to conduct prior art searches amongst other things. setting aside the myriad problems such proposals would create, many of which might be touched on within the Contribution itself, the greatest difficulty is the underlying and unsupported assumption that the FRAND licensing regime is supposed to supply implementers with full transparency, without any obligation to reciprocate.
The massive Imbalance
regarding whom, as between patent house owners and implementers, should shoulder the burden of assessing the essentiality and value of requisites connected patents (i.e. “the transaction fees”), consider the indisputable fact that patent house owners have already made big investments into innovating and patenting those innovations, whereas implementer were free to commercialize, and benefit from, the technology without any responsibility to enter into FRAND licenses.
also, value questioning is the stunning nature of the narrative that gigantic implementers by some means are dropping sleep over now not being able to determine all the patents they wish they could license but can't, due to the state of ETSI’s IPR Database. agree with, for example, that many tech companies have an implicit (if no longer explicit) inner policy fighting their personnel from taking a look at, or commenting on, third-birthday party patents in an effort to in the reduction of the possibility of willful infringement. more sensible is the view of the ecu “professional community”, that patent house owners usually ought to make the first movement:
the lack of aspect in a big of majority of SDO declarations makes it problematic if no longer unattainable for an implementer the use of the typical to ascertain the scope of licenses needed to evade infringing applicable SEPs. in its place, implementers ought to do their due diligence on those questions related to the potentially critical SEPs portfolios individually, although SEP holders are dealing with the same questions. for that reason, many implementers can also opt for no longer to proactively investigate the count number and rather watch for SEP holders to notify them about their SEP portfolio and supply a note of infringement.
So, with the feasible exception of business giants like InterDigital, who can more closely rely on their licensing heritage, sheer portfolio measurement, and third-celebration essentiality analyses to aid their positions without deciding upon particular patents, implementers are smartly aware of these patents mentioned in ETSI’s IPR Database that are believed to be basic, particularly these they are being approached to license.
at last, trust the rules of civil system in discovery jurisdictions as an analog which additionally are searching for to raise transparency. Two fantastic distinctions from what is being proposed via the ecu “expert neighborhood” for FRAND licensing are: (1) the obligation to disclose imperative advice is reciprocal; and (2) a outcome is guaranteed. To the extent any initiatives are undertaken to raise transparency, equity dictates that those obligations should still be reciprocal and designed to facilitate achieving FRAND licenses consequently.
graphic source: Deposit PhotosAuthor: iqonceptImage identification: 39072457
Curtis Dodd is Chief intellectual Property Officer (CIPO) at Harfang IP. he's a veteran of patent monetization, enforcement and portfolio administration in the telecommunications and client electronics house with about twenty years of industry journey. Amongst different roles, Mr. Dodd changed into guidance for Nortel Networks and lead the management of its 4G wireless portfolio (twice being named as an inventor). This portfolio bought to a consortium led via Apple and Ericsson in a multi-billion-greenback transaction in 2011. Mr. Dodd additionally labored for Wi-LAN as vp, Patents and information, right through which time Wi-LAN generated tons of of millions of greenbacks in licensing earnings from its core US Wi-Fi and CDMA patents and enormously grew its wireless portfolio via acquisition. In 2011, Mr. Dodd joined Acacia and, as a Senior vice president and Licensing executive, helped Acacia and its companions, together with key business avid gamers Nokia and Samsung, generate large licensing profits, and helped Acacia vastly boost its wireless place through a couple of massive acquisitions. Most these days, as a Senior Licensing specialist for Fitch Even, Mr. Dodd assisted Longhorn IP in efficaciously monetizing 3G and 4G LTE necessities fundamental patents previously owned by ZTE and ASUSTeK.
For extra assistance or to contact Mr. Dodd, please seek advice from his firm Profile page.
Chris Dubuc is the Founder and President of Harfang IP. He in the past established Longhorn IP, an rising leader in the world of patent licensing. previous to Longhorn IP, Mr. Dubuc become Senior vice president at Acacia analysis group. in advance of that, Mr. Dubuc changed into vice president of Licensing applied sciences at WiLAN. in the past, Mr. Dubuc held a variety of positions in engineering, revenue and product administration with a couple of companies establishing and advertising items within the enviornment of wireless technologies, including Nortel Networks, GE Fanuc and the Communications research middle. Mr. Dubuc holds a couple of patents involving wireless know-how and has posted dissimilar papers and articles in the area of wireless technology. Mr. Dubuc is a Senior Member of the IEEE and has been diagnosed as some of the World’s 300 leading IP Strategist by using intellectual Asset administration magazine (IAM). Mr. Dubuc holds a M.Eng. in systems and computing device Engineering from Carleton institution and an MBA from the institution of Ottawa.
For more information or to contact Mr. Dubuc, please talk over with his company Profile web page.
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