FIDO IPR Summary. Dra3 Feb 18 th, Proprietary and Confiden/al 1
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1 FIDO IPR Summary Dra3 Feb 18 th, 2013 Proprietary and Confiden/al 1
2 FIDO IPR: Summary (1 of 2) The Goal of the FIDO Alliance IPR Policy is to Support the Delivery of Open Unencumbered SpecificaFons IP Ownership: Ownership of IP is always retained by member companies Patent Non- Assert Promise: Members promise not to assert their patent rights under specific circumstances Non- assert promise limited ini/ally to and among Working Group members for purposes of developing documents that support the vision of the FIDO Alliance The promise is expanded incrementally over /me, allowing for implementa/ons by Working Group members, by all Members and ul/mately non- Members, according to the process defined in this deck Withdrawal of Promise is Allowed: During the IPR Review Period (upon complete documenta/on to the BoD) Upon leaving a Working Group (only for early stage specifica/ons) When Specifica/on reaches Proposed Standard (but not if in WG) Proprietary and Confiden/al 2
3 FIDO IPR: Summary (2 of 2) The Goal of the FIDO Alliance IPR Policy is to Support the Delivery of Open Unencumbered SpecificaFons Enforcement: All rights, grants and promises enjoyed by a Member are terminated if they voluntarily file or par/cipate in a patent infringement lawsuit against a Member or a Covered Third Party Excep/on for counter- suits from a Member for infringement Complete ImplementaFon: Commercial sales and distribu/on rights are condi/oned on complete implementa/ons of the Specifica/on Proprietary and Confiden/al 3
4 IPR Process Overview: SpecificaFons Phase 1: Op/onal Acceptance of Member Document Contribu/ons Phase 2: Specifica/on and Rights Evolu/on inside the Technical Working Group Phase 3: Expansion of Rights to All Members and Non- Members Technical Document(s) Pre-Draft Acceptance - Simple Majority Vote - Working Group FIDO Alliance Member Company Confidential Internal Decision Release Process - FIDO Alliance Member Chair receives documents, schedules vote for use of materials Technology Working Group Confidentiality provision of FIDO Alliance Membership Agreement allows any member to use materials for any purpose that furthers the goals of the FIDO Alliance Disclosure not allowed Working Draft Supermajority Vote - Working Group Review Draft FIDO Alliance Secretary distributes document to all Alliance Members Technology Working Group Working Group Members give/receive: -- Working Group License (RF) Implementations Allowed Selling, Distribution Not Allowed Recommended changes, if any BoD Review of Withdrawal Claim Documentation Implementation Draft Full Supermajority Vote - FIDO Alliance BoD 60 Day Notification Period to All Members Technology Working Group and FIDO Alliance Board Collaborative determination by both entities that specification is ready to become a Proposed Standard Members unwilling to extend Promise to All Members & potentially the World exit FIDO Alliance All Member 45 Day IPR Review 1) WG Chair Recommendation to FIDO BoD 2) BoD must vote within 45 Days 3) Supermajority Vote - FIDO Alliance BoD A Member Files Withdrawal of Granted Claims Notice with BoD Last Chance for Member to Withdraw from Working Group and Withdraw Non- Assert Promise Proposed Standard Full Supermajority Vote - FIDO Alliance BoD All Members of FIDO Alliance All Members now have implementation, selling & distribution rights, and have committed to extending Non-Assert Promise to all other Members Implementation Draft All Alliance Members Notified Selling & Distribution Allowed Only for Complete Spec Implementations Implementations enjoy patent nonassert promises only between Working Group members Extend to public All Members of FIDO Alliance extend Promise to entire world
5 IPR SpecificaFons Phase 1 Op/onal Acceptance of Member Document Contribu/ons Technical Document(s) FIDO Alliance Member Company Confidential Internal Decision Release Process - FIDO Alliance Member Chair receives documents, schedules vote for use of materials Pre-Draft Acceptance - Simple Majority Vote - Working Group Technology Working Group Confidentiality provision of FIDO Alliance Membership Agreement allows any member to use materials for any purpose that furthers the goals of the FIDO Alliance Disclosure not allowed Phase 2
6 IPR SpecificaFons Phase 2 SpecificaFon EvoluFon in a Working Group ContribuFons: All topics discussed in group covered under: Working Group PermiXed Uses Working Group License Confiden/ality Clauses in Membership Agreement Publishing: The Board may approve the publica/on or sharing of any FIDO Alliance deliverable with non- Members Supermajority vote of the Board required Working Dra3s of Documents may not be published Documents posted on the FIDO Alliance website subject to peer- review license Working Draft Supermajority Vote - Working Group Review Draft FIDO Alliance Secretary distributes document to all Alliance Members All Member 45 Day IPR Review 1) WG Chair Recommendation to FIDO BoD 2) BoD must vote within 45 Days 3) Supermajority Vote - FIDO Alliance BoD Implementation Draft All Alliance Members Notified Technology Working Group Working Group Members give/receive: -- Working Group License (RF) Implementations Allowed Selling, Distribution Not Allowed Recommended changes, if any BoD Review of Withdrawal Claim Documentation A Member Files Withdrawal of Granted Claims Notice with BoD Last Chance for Member to Withdraw from Working Group and Withdraw Non- Assert Promise Selling & Distribution Allowed Only for Complete Spec Implementations Implementations enjoy patent nonassert promises only between Working Group members Phase 3
7 IPR SpecificaFons Phase 3 Implementation Draft Full Supermajority Vote - FIDO Alliance BoD Technology Working Group and FIDO Alliance Board Collaborative determination by both entities that specification is ready to become a Proposed Standard 60 Day Notification Period to All Members Members unwilling to extend Promise to All Members & potentially the World exit FIDO Alliance Proposed Standard All Members of FIDO Alliance All Members now have implementation, selling & distribution rights, and have committed to extending Non-Assert Promise to all other Members Full Supermajority Vote - FIDO Alliance BoD Extend to public All Members of FIDO Alliance extend Promise to entire world
8 Summary of Withdrawal of Granted Claims Process Scope: All Members DuraFon: 45 days long Triggering Event: Secretary distributes Review Dra3 Specifica/on Full DocumentaFon: Withdrawal claims must meet minimum documenta/on requirements to considered by the FIDO BoD Board Assessment: The FIDO BoD reviews the Withdrawal claim, consults with advisors, guides TWG on whether the Review Dra3 should be modified Secondary IPR Review: Modifica/ons to the Review Dra3 trigger another 45 day review process, but scoped to changes only AsserFng a Claim: If a member withdraws a Granted Claim, and then asserts or threatens to assert the withdrawn Granted Claim against any Working Group Member relinquishes any rights, grants, non- asserts and promises it has received for the Specifica/on from each Par/cipant and its Related En//es
9 Appendix Slides Proprietary and Confiden/al 9
10 Working Group PermiSed Uses Working Group PermiXed Uses means making, using, selling, offering for sale, impor/ng or distribu/ng any implementa/on of an Implementa/on Dra3 Specifica/on: 1) Only to the extent it implements the Implementa/on Dra3 Specifica/on and 2) So long as all required por/ons of the Implementa/on Dra3 Specifica/on are implemented Working Group PermiXed Uses do not extend to any por/on of an implementa/on that is not included in the Implementa/on Dra3 Specifica/on Proprietary and Confiden/al 10
11 SecFon Working Group License For each Working Group Member grants to fellow WG Par/cipants a no charge, royalty free license to such Bound En/ty s Granted Claims, where such license applies only to those Granted Claims infringed by the implementa/on of a Working Dra3 Specifica/on, Review Dra3 Specifica/on, Implementa/on Dra3 Specifica/on or Proposed Standard Specifica/on associated with such Working Group, solely for Par/cipant s development of implementa/ons of an Implementa/on Dra3 Specifica/on or Proposed Standard Specifica/on associated with such Working Group, and subject to the terms and condi/ons of this Agreement. The license granted pursuant to this Sec/on shall not include the right to import, sell or offer for sale any implementa/on of a Specifica/on. Proprietary and Confiden/al 11
12 Public PermiSed Uses Public PermiXed Uses means making, using, selling, offering for sale, impor/ng or distribu/ng any implementa/on of a Proposed Standard Specifica/on, 1) Only to the extent it implements the Proposed Standard Specifica/on and 2) so long as all required por/ons of the Proposed Standard Specifica/on are implemented. Public PermiXed Uses do not extend to any por/on of an implementa/on that is not included in a Proposed Standard Specifica/on. Proprietary and Confiden/al 12
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