[cabfpub] Question on form of Review Notices

[Kirk Hall]

We are starting to send more Review Notices now after completion of Ballots.  The relevant provisions of our IPR Agreement are shown below.

Here is my question - what form of the successful Ballot should I include in the Review Notice?  Should I attach (1) the final language of the Ballot AS AMENDED, or (2) the language of the Ballot in the "show changes" mode (the way it was in the original ballot).  IPR Agreement 4.1 says the Review Notice must include "a complete draft of the Draft Guideline that is the subject of such notice" - is that the language as adopted, versus the new language in "show changes" mode.

I just sent out the Review Notice for Ballot 193 and it included the new language in "show changes" mode?

IPR Agreement 4.1
Review of Draft Specifications.
Prior to the approval of a CAB Forum Draft Guideline as a CAB Forum Final Guideline or Final Maintenance Guideline there shall be a review period during which Participants may exclude certain Essential Claims from CAB Forum RF Licenses. The CAB Forum Chair shall initiate the Review Period by distributing to each CAB Forum Participant a notice of review period and a complete draft of the Draft Guideline that is the subject of such notice ("Review Notice"). Each Participant on behalf of itself and its Affiliates shall have sixty (60) days following the date of the receipt of such Review Notice ("Review Period") to review such Draft Guideline and consider any licensing obligations with respect to any Essential Claims that may be encompassed by such Draft Guideline. The approval of a CAB Forum Final Maintenance Guideline shall follow the same process except that the Review Period shall be thirty (30) days.

d. "Draft Guideline" means a version of a CAB Forum guideline that has not been approved as a Final Guideline or Final Maintenance Guideline, regardless of whether or not the Draft Guideline has been published.

Our revised Bylaws say the following:

Bylaw 2.3 Requirements for Draft Guideline Ballots
(a) A Draft Guideline Ballot will clearly indicate whether it is proposing a Final Guideline or a Final Maintenance Guideline. If the Draft Guideline Ballot is proposing a Final Guideline, such
ballot will include the full text of the Draft Guideline intended to become a Final Guideline. If the Draft Guideline Ballot is proposing a Final Maintenance Guideline, such ballot will include a
redline or comparison showing the set of changes from the Final Guideline section(s) intended to become a Final Maintenance Guideline, and need not include a copy of the full set of guidelines. ***

(e) If a Draft Guideline Ballot passes the Initial Vote, the Chair shall initiate, no later than the 3rd business day after the announcement of the Initial Vote results, the Review Period of 30 or 60 days, as applicable and as described in Section 4.1 of the IPR Policy. The Chair will initiate the Review Period by sending the Review Notice to both the Member Mail List and the Public Mail List. The Review Notice will clearly specify the open and close dates and times (with time zone) of the Review Period.
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