Dear all,
As Jorge keeps reminding everyone, I am not IETF's attorney. But I am an
attorney, and so I am personally disgusted by the behavior of Todd Glassey
toward another attorney on this forum.
There is a code of behavior among attorneys and presumably their clients
that promotes the calm and reasoned discussion of issues. That code does
not
allow anyone to insist to anyone else that certain "questions" be
answered.
There is simply no obligation by anyone to do so short of a subpoena.
If people have questions they are expected to hire their own attorneys to
get them answered. My ONLY advice to Todd is that he retain his own
attorney
to answer his questions.
At some point, IETF needs a policy to shut down some insulting
communicators
for the welfare of the other IETF participants. I've apologized before
when
I crossed the line in my emails. I wish now that Todd would apologize and
shut up, or that IETF enforce a formal policy to shut him up.
/Larry
Lawrence Rosen
Rosenlaw & Einschlag, a technology law firm (www.rosenlaw.com)
3001 King Ranch Road, Ukiah, CA 95482
707-485-1242 * cell: 707-478-8932 * fax: 707-485-1243
Skype: LawrenceRosen
-----Original Message-----
From: ipr-wg-bounces at ietf.org [mailto:ipr-wg-bounces at ietf.org] On Behalf
Of TS Glassey
Sent: Tuesday, July 22, 2008 7:48 AM
To: Contreras, Jorge; chair at ietf.org; Ray Pelletier - ISOC
Cc: ipr-wg at ietf.org
Subject: Jorge - Answer these question - or face litigation and the
ethicscommittee of your licensing bar assoc's
Importance: High
Jorge -
I asked you these same questions a number of times, and you have
intentionally answered any number of other questions rather than the ones
I
have asked, and you have done so in a manner that tries to invalidate the
questions that were asked.
I now have formal proof of my commentary about how the IETF's filing
process
prevents IP Patent's from being filed either here in the US or Japan
based
on the works of the IETF being formally included in the definition of
PRIOR
ART by the US Patent office and the Japanese Patent office. So unless
you
can disprove this commentary, it will have to stand as the truth.It also
will formally put the IPR WG and more importantly their sponsor's that
the
IETF's conspiracy and direct actions in trying to make US Patent's
impossible to protect just blew up in its face...
Here are the questions as they were asked...
1) YES OR NO?: Under certain circumstances could the publication of
IETF
documents prevent Japanese Patent's from being granted for a Prior Art
violations? YES or NO?:
Here is some good JPO info...
http://www.epo.org/patents/patent-information/east-
asian/helpdesk/japan/faq.html
http://www.jpo.go.jp/cgi/linke.cgi?url=/seido_e/s_gaiyou_e/4houe.htm
2) YES OR NO?: Does the publication of IETF documents trigger the
one
year time-clocks on registering materials described in those documents
for
US patent protection? i.e. could the IETF's publication of documents
interact with or proscribe US and foreign patent filings in some
instances?
YES or NO?:
In re this question, my research at the US PTO is below. It tells me that
this also is true so unless you can tell me otherwise... According to the
US
PTO apparently all Scientific Publications are considered PRIOR ART
http://www.uspto.gov/web/offices/pac/mpep/documents/2100_2128.htm .
Also notice the comment at the bottom of the page "about not having to
ever
have been read" just submitted to the IETF. That means whether the IETF
publishes of not doesn't matter. Registering the IP with the IETF Trust
for
publication is the act which topples your house of cards. If you need
more
see also http://www.iusmentis.com/patents/priorart/#whatispriorart for a
rolling
layman's commentary on the issue of PRIOR ART.
As long as we are at it. Lets ask another nasty one...
3) YES or NO?: Does the IETF's "respect of other's IP's" per the
description of BCP78 ss 3.1 include US and Foreign patents? YES or NO?:
So Jorge - unless you are formally saying the US and Japanese Patent
Office's websites are wrong, can you please answer the two questions
above
please formally here for Ray and the IETF Chair? And especially Question
3
before I have a Judge tell you to answer these same questions in a Court
of
Law. One which we both know will in fact happen if you don't answer those
questions formally here.
Jorge - [in my best Pee Wee Herman] I'm Still Waiting.
---
Personal Disclaimers Apply
TS Glassey
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