AIPLA Standards and Open Source Committee Minutes
Date: March 10, 2014
Time: 10:30 am – 11:30 am PT (1:30 pm – 2:30 pm ET)
Attendees: Joanne Montague, William Rothwell, Per Larsen, Sandy Block, David Long, Gordon Hill,
Matt Larson, Chuck Chesney, Ashok Mannava, Doug Sorensen, Monica Barone, Andrei Popovici,
Robert Bauer, Jack Pate, Michael Atlass, Sharon Israel, Ken Frankel, Jim Harlan, Luis Fernandez,
Latonia Gordon, Steve Klocinski, Kevin McAndrews, Connie Masters, Jay Westermeier, Bob Payne,
Mike Stein, Richard Wolfram, John Lyon, Alan McClure, Robert Gravois, Joe Wrkich, Alden Abbott,
AJ Bahou
1. Chair’s Report – Introductions – Monica welcomed new member Connie Masters and welcomed
back Jim Harlan to the Committee.
2. Minutes – The February 24, 2014 meeting minutes will be posted on the Committee website. If
corrections are needed, please contact Monica and Joanne.
3. Subcommittee Reports –
Open Source Subcommittee – Michael A. (Jackquelyn not present) – The Subcommittee continues
to hold monthly calls. The plans for the Spring Meeting CLE and the webinar, which will be held
the week following the Spring Meeting, are proceeding on schedule. The speakers have provided
their speaker acknowledgement forms. The Subcommittee has generated a list of projects, which
will be sent to the Committee membership listserv. The CLE, which will be a joint committee
session with the Copyright Committee at the Spring Meeting and a webinar presented by our
Committee, will include a panel discussion on the background of open source licenses, topics one
might deal with when advising clients, and details regarding linking to “copyleft” code. Bob Payne
inquired about the title of the webinar; it is still being developed along with the advertising
statement.
Program Subcommittee – David L. – Monica asked for a volunteer to be the co-chair of this
Subcommittee.
Annual Meeting – Our Committee needs to come up with potential topics for the 2014 Annual
Meeting. It was suggested that potential topics should differ from topics we have presented in
the last few years. It is possible, and encouraged by AIPLA, to co-sponsor a program with
another committee.
Spring Meeting –The track session on SEPs is proceeding right on course. The speakers will
present on the basics of the standards setting process, standards setting case law, patent owner
issues regarding obligations to SSOs, and what licensees should keep in mind regarding
standardized technology.
Policy/Project Subcommittee – Latonia and Joe – Monica asked the Policy/Project Subcommittee
to work with the New Lawyers Committee in developing a chart of cases that our Committee has
reported on during our Committee calls. Latonia and John L. responded affirmatively.
Management Subcommittee – Joanne – No report given.
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4. Comment Regarding Japan Case –The Japan case raised RAND issues. The comment reflects
AIPLA’s current positions on standards. A Committee vote was taken and the comment is now with
the AIPLA board. Monica will let the Committee know what the board decides.
5. Liaison Reports – No report given.
6. Newsworthy Cases and/or Events –
OSS Cases – Jack P. and Gordon –
Continuent v. Tekelec (S.D. Cal.) –Continuent alleges that Tekelec infringed Continuent’s
copyright by selling a product that contains embedded executable software licensed under
GPLv2. The pleadings make allegations under sections 2b and 3 of the GPLv2, which include
conditions one must meet when modifying and distributing code licensed under GPLv2. The
complaint also provides that the code at issue is licensed under a “dual licensing” model. The
parties recently settled the case with a confidential settlement.
XimpleWare v. Versata Software, et al. (N.D. Cal.) – XimpleWare alleges that Versata
embedded XimpleWare code licensed under GPLv2 in the source code of Versata’s product
without any of the required notices. XimpleWare alleges, in addition to copyright infringement,
violation of the Lanham Act, breach of contract, unfair competition, etc. In another complaint,
XimpleWare alleges patent infringement. The lawsuits are in process.
Realtek v. LSI – David –This is only the second jury verdict on a RAND rate. We will see whether
this case will be appealed to the 9th Circuit or the Federal Circuit. The ITC dismissed its parallel
case last week.
Cases Involving Standards Bodies or Associations –
TruePosition v. Ericsson (D. Penn.) – TruePosition alleged anticompetitive conduct by several
companies and standards bodies.
SawStop (E.D. Va.) – David – In a matter somewhat analogous to the TruePosition case,
SawStop sued manufacturers and associations for refusing to adopt its safety technology.
Past Cases – Sandy and Richard – The Committee briefly discussed past cases important in this
area, including American Society of Sanitary Engineering, American Society of Mechanical
Engineers, and Allied Tube.
EU Report – (Michael via Joanne) – IPCom/Nokia (Germany) – There was a decision on
February 28th. A case report is planned for the next Committee call.
7. New Business – Monica asked those planning to attend the Spring Meeting in Philadelphia to let her
know so that the Committee can make its social plans.
Next conference call meeting: Monday, April 14 at 10:00a.m.–11:00a.m. PT (1:00p.m.–2:00p.m. ET).
Adjourned.
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