Disclosure and Licensing
of Patents In Standards
VITA is breaking new ground in the area of disclosure and licensing of patents in standards, becoming the first standards developer in the world to receive guidance for 'ex ante' procedures from any legal authority.
In 2006, the US Department of Justice (DOJ) issued or reviewed these documents related to VITA and VSO activity.
- DOJ news release (PDF) from October 30, 2006
- DOJ business review letter (PDF) dated October 30, 2006, referenced in the news release
- VITA patent policy (PDF) dated October 30, 2006, reviewed by the DOJ
- Implementation Plan for VITA's Revised Patent Policy (PDF) posted December 18, 2006
In addition to the DOJ, there are other government agencies and other organizations reviewing VITA procedures, approval letters, and other documentation. Updates will be posted here as available to keep everyone informed of progress inside VITA, and with other agencies and organizations.
The VITA Board of Directors approved the changes to section 10 of the existing VSO Policies and Procedures (PDF) on 21 November 2006.
On 17 Jan 2007, these changes were voted on and approved by the VSO, and the VITA Board of Directors and VITA attorneys were immediately informed of the results. VITA attorneys subsequently informed ANSI counsel and the ExSC (Executive Standards Council of ANSI), and submitted the required documentation in accordance with ANSI procedures and policies concerning "maintenance of accreditation".
On 30 January 2007, a joint FTC/DOJ informational hearing was held, which VITA attorneys attended.
On 31 May 2007, the ExSC of ANSI announced approval of the new policies and re-accreditation of VITA as an ANSI standards developer, effective as of May 22, 2007.
VITA/VSO is currently operating under these approved policies and procedures, beginning with the January 2007 VSO meeting immediately after approval. As an aid to its membership, VITA has a training presentation (PDF) outlining the new policy for working group chairs and members.
Latest updates
On 20 June 2007, Motorola filed an appeal directly related to VITA's policy changes, asking ANSI to rescind VITA's re-accreditation on the grounds that VITA's new patent disclosure policies do not meet ANSI's essential requirements.
On 12 Sep 2007, the ANSI ExSC ANSI heard this appeal, including both Motorola's complaints and VITA's written response submitted on 09 Jul 2007. VITA was represented by its counsel in this hearing.
On 01 Oct, 2007, the ANSI ExSC issued their decision denying this appeal and affirming the 22 May 2007 re-accreditation decision.
On 22 Oct, 2007, Motorola indicated their intent to file a higher appeal with the ANSI Appeals Board, asking for an extension until 9 Nov 2007 to make a complete filing. ANSI granted the extension.
On 09 Nov 2007, Motorola filed their higher appeal documents with ANSI. VITA has been provided an informational copy of these documents, but is restrained from any comment. The ANSI Appeals Board will take the information under review.
On 22 Jan 2008, ANSI issued a final notice regarding the Motorola appeal. In the notice to Motorola, they state a letter ballot of the ANSI Appeals Board was conducted to determine "whether the appellant has established a prima facie case that the decision appealed from was clearly erroneous." They decided a prima facie case was not established, and dismissed the appeal without an appeal hearing. VITA has been provided the full text of the final notice from ANSI dismissing the appeal, which concludes with the statement that this completes the appeals process on this issue.
VITA has issued a press release with its comments.
