[cabfpub] Public Digest, Vol 57, Issue 19
vfournier at apple.com
Wed Jan 4 02:56:33 UTC 2017
That is not addressed in the current policy, but I think we added it into the new process document.
Senior Standards Counsel
✉︎ vmf at apple.com <mailto:vmf at apple.com>
On Jan 3, 2017, at 6:43 PM, Peter Bowen <pzb at amzn.com> wrote:
> On Jan 3, 2017, at 6:32 PM, Ryan Sleevi via Public <public at cabforum.org <mailto:public at cabforum.org>> wrote:
> On Tue, Jan 3, 2017 at 5:57 PM, Virginia Fournier via Public <public at cabforum.org <mailto:public at cabforum.org>> wrote:
> 1) Does the formation of a PAG affect the stated ballot date of Jan 7?
> >>>Pursuant to Section 7.3.1, the PAG is convened by the PAG Chair, and the timing is at the discretion of the PAG Chair. So if the PAG Chair decides that the PAG should be formed before the vote on the Ballot is complete in light of the Exclusion Notices received, then that’s what should happen and voting will be suspended. This makes sense because members would not want to vote on the Ballot without knowing the PAG’s conclusion on the Exclusions. Voting on the Ballot would then take place after the PAG provides its conclusion on the Exclusion(s). Voting members would then have the PAG conclusion and their own patent analyses available prior to voting (unless the PAG does not recommend proceeding to a vote, in which case the proponents will likely withdraw the Ballot).
> I suppose a specific question: I have read the IPR Policy and Bylaws numerous times, but as I indicated to Kirk, I cannot find any text that supports this view: That it is possible for a Ballot to be suspended upon the formation of a PAG or unilaterally by the Chair. I realize both possibilities have been discussed for future improvements, but I do not believe our current process allows it.
> As you and Kirk have clearly taken a different read of our current process and workmode, I'm curious if you can support that interpretation with text from our Bylaws or IPR Policy. While I understand why it would be desirable, particularly under the interpretation of our process that was being used for these Ballots, I don't believe it's well supported - but would be happy to know where I'm mistaken.
> The other questions I asked were questions which I believe the IPR Policy and Bylaws do answer, and for which I think their answers arguably highlight flaws with an interpretation that voting is "suspended".
> Given that a fully endorsed ballot was put forward, given that it concluded a 60 day review period, I cannot help but conclude that voting has begun, and will end on Jan 7, and whatever the result, that will be the 'end' of Ballot 182.
Ryan and Virginia,
What happens if an endorser of a ballot decides to drop their endorsement after the voting has started?
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