From: Bailey, Stephen [SBailey@model.com]
Sent: Wednesday, 22 September 2004 06:32
To: Peter Ashenden
Subject: RE: Notes on discussions with Stanziola and Ringle

Just a slight difference in understanding on the patent policy.
Specifically, I agree that DASC has no authority to render any
official assessment or judgment of the validity or applicability of a
patent to a standard project or existing standard.  However, the DASC
(more specifically WGs) should be free to do their own assessment and
have the freedom to attempt to define a standard to avoid exposure to
a patent claim.  Such efforts would not absolve any implementor from
doing their own due diligence as to whether or not their
implementation does or does not violate any patents.

Fundamentally, I don't think anyone said: DASC and DASC WGs, you
cannot do any review of any patents which may be relevant to your
standard.  Instead, I think what was said is that: DASC and DASC WGs,
you cannot express any opinion as to whether or not any patent is
relevant to a standard.

-Steve Bailey