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Summary of 10 October 2003 HTML PAG teleconference

From: Susan Lesch <lesch@w3.org>
Date: Fri, 31 Oct 2003 14:31:20 -0800
Message-Id: <p05111b0abbc891e79948@[]>
To: public-web-plugins@w3.org


The HTML PAG expects to post summaries of its past meetings. This and
the next mail are for the PAG's 10 and 17 October teleconferences.


Seventeen people attended the 10 October 2003 HTML Patent Advisory Group
(PAG) [1] teleconference, its first meeting. After introductions, the
group reviewed the PAG charter [2]. The PAG has two goals:

   1. Assess US Patent 5,838,906 in practice with respect to W3C HTML
      specifications and to advise the W3C Director and W3C Membership
      on the PAG's findings.
   2. Resolve those concerns by suggesting possible resolutions.

The group agreed that there were serious doubts whether the '906 patent
should have been issued. If the United States Patent and Trademark
Office (USPTO) [3] re-examined the patent, it was believed that in light
of prior art they might well withdraw the patent grant.

W3C presented a preliminary proposal with the advice of outside
counsel. The best course of action appeared to be to complete part two
of the PAG charter first, by challenging the patent. It is possible for
anyone to ask for a patent re-examination, but for re-examination to
succeed, grounds must exist and be strong. The PAG discussed the risks
of failing. It was noted that in the USA, many organizations can join
the effort, and that a re-examination must be based on fresh new

The PAG discussed plans to submit a US Section 301 prior art filing to
the USPTO. The PAG decided that because they can present strong
reasons, a group of influential commercial and standards organizations
can convince the Commissioner to act on his own in the public interest
in advance of re-examination. The Chair asked for reactions in favor
and objections to this plan, and received positive responses. There
were no objections.

W3C will prepare a concrete plan for the next meeting. The HTML PAG
meets next on 17 October.

[1] http://www.w3.org/2003/09/pag.html
[2] http://www.w3.org/2003/09/w3c-html-pag-charter.html#mission
[3] http://www.uspto.gov/

Best wishes,
Susan Lesch           http://www.w3.org/People/Lesch/
mailto:lesch@w3.org               tel:+1.858.483.4819
World Wide Web Consortium (W3C)    http://www.w3.org/
Received on Friday, 31 October 2003 17:34:57 UTC

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