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InkXML contribution and IPR information

From: Dahl, Deborah A <Deborah.Dahl@unisys.com>
Date: Tue, 10 Sep 2002 11:13:12 -0400
Message-ID: <3B10FF0A008FF6458711E6E375E83041CCBF2D@USTR-EXCH2.na.uis.unisys.com>
To: www-multimodal@w3.org

Here's some additional information regarding the InkXML contribution to the
Multimodal Working Group. InkXML was contributed by IBM, Intel, the
International Unipen Foundation, and Motorola. The cover material, including
IPR statements, follows, and the contribution itself is attached.

Cover Material 

Abstract
========

An often overlooked means of input, the pen can be used for handwriting,
gestures, drawings, and specific notations for mathematics, music,
chemistry and other fields. This specification defines InkXML - a markup
language for the exchange of virtual ink, conveying such information as
the kind of pen, the color of the ink and the nature of the medium, the
pressure applied to the pen, its position and speed. InkXML can be used
to exchange virtual ink among devices, such as handhelds, laptops,
desktops, and servers. InkXML is intended to provide the ink component
of Web-based multimodal applications.

Intellectual property Rights
============================

IBM:

IBM, in support of W3C intellectual property policies, supports a full
disclosure policy for essential published patent applications and issued
patents, and an acknowledgment policy for potentially essential
unpublished patent applications, when developing W3C Specifications. IBM
intellectual property disclosures are based upon the working knowledge
of individuals actively involved with the development of the InkXML
20020816 Specification ("InkXML Specification"), and do not represent
the results of an IBM patent portfolio search.

IBM involved participants in the development of the InkXML Specification
are currently unaware of any patents or pending applications (either
published on unpublished) which contain Essential Claims necessary to
implement the InkXML Specification.

Should IBM, become aware of Essential Claims within its portfolio, which
are required for the compliant implementation of the submitted InkXML
Specification, as defined within the current submission and
which subsequently become part of a W3C Recommendation, IBM will inform
the W3C of the existence of these claims.

IBM will provide, upon written request,from the implementers of
the InkXML Specification (as defined in the current submission),
a worldwide nonexclusive license, under royalty free and other reasonable,
and non-discriminatory terms, in accordance with IBM's then current
and usual licensing terms, for the InkXML Essential Claims.
IBM's InkXML royalty free essential claims licensing support is for
the specification developed within the Ink Subgroup of the
Multimodal Workgroup.  This disclosure specifically excludes references to
the broader Multimodal Workgroup specification and is specifically limited
to the scope of the currently defined InkXML submission.

Any party wishing to request a license should contact:

IBM Director of Licensing
IBM Corporation
North Castle Drive, Armonk, N.Y., 10504

Or should send a facsimile to:

IBM Director of Licensing
IBM Corporation
(914)-765-4420


Intel:

At this time, and without performing a detailed search of its patent
portfolio to determine whether Intel has any relevant patents or patent
applications (collectively "Intellectual Property Rights" or "IPR"),
Intel is unaware of any patents or pending patent applications owned or
controlled by Intel that contain Essential Claims necessary to implement
the Technical Note entitled "InkXML 20020816 Specification" (hereafter
the "InkXML Specification") which Intel, IBM and Motorola jointly
submitted to the W3C for publication on August 16th, 2002. The purpose of
the InkXML Specification is to provide the foundation for a future W3C
recommendation that will define a markup language for the exchange of
virtual ink, conveying such information as the kind of pen, the color of
the ink and the nature of the medium, the pressure applied to the pen,
its position and speed (the "InkXML Recommendation").
In the future, and solely to the extent that the InkXML Specification is
adopted by the W3C without any substantive changes or additions as part
of an InkXML Recommendation, if the implementation of the InkXML
Specification would require the use of Essential Claims of any Intel
IPR, Intel is willing to provide non-exclusive, worldwide and
royalty-free licenses solely under such Essential Claims to allow the
manufacture, use, sale, offer for sale and importation of the portions
of any product that implement and are compliant with all relevant
portions of such InkXML Recommendation. Intel shall not grant licenses
that extend to any part or function of a product that is not required to
implement or comply with the InkXML Specification. The definition of
"Essential Claims" is taken from the W3C Current Patent Practice
document of 24 January 2002.

One precondition of any such license granted to a company ("licensee")
shall be the licensee's agreement to grant a reciprocal worldwide,
royalty-free, nonexclusive license to any Essential Claims owned or
controlled by the licensee or its Affiliates ( its parent company or any
company in which it or its parent company have more than 50% of the
ownership or control), to Intel necessary to implement in products or
services any W3C Recommendation which incorporates the InkXML
Specification. Intel expressly reserves all other patents and
intellectual property rights it may have, including the right to refuse
to grant or terminate a royalty-free license to any company and its
Affiliates if it or one of its Affiliates asserts a claim of
infringement against Intel's products or services that implement any W3C
Recommendation which incorporates the InkXML Specification. Intel also
reserves the right to grant licenses to its IPR as part of a
cross-license with any other party.

This contribution and the information contained herein is provided on an
"AS IS" basis and to the maximum extent permitted by applicable law,
Intel provides the contribution AS IS AND WITH ALL FAULTS, and hereby
disclaims all other warranties and conditions, either express, implied
or statutory, including, but not limited to, any (if any) implied
warranties, duties or conditions of merchantability, of fitness for a
particular purpose, of accuracy or completeness of responses, of
results, of workmanlike effort, of lack of viruses, and of lack of
negligence, all with regard to the contribution. ALSO, THERE IS NO
WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE
CONTRIBUTION. IN NO EVENT WILL INTEL BE LIABLE TO ANY OTHER PARTY
INCLUDING THE W3C AND ITS MEMBERS FOR THE COST OF PROCURING SUBSTITUTE
GOODS OR SERVICES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR ANY
INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR SPECIAL DAMAGES WHETHER
UNDER CONTRACT, TORT, WARRANTY, OR OTHERWISE, ARISING IN ANY WAY OUT OF
THIS OR ANY OTHER AGREEMENT RELATING TO THIS DOCUMENT, WHETHER OR NOT
SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.


International Unipen Foundation:

The International Unipen Foundation (IUF) declares that it will assume
that the InkXML 20020816 Specification as part of a W3C Recommendation
will be the basis for a world-wide royalty-free dissemination of the
envisaged InkXML data format. Furthermore, it declares that the IUF will
not issue claims concerning intellectual property rights with respect to
knowledge and advice which was transferred to the W3C's Multimodal
Working Group during the development of the InkXML standard. It is in
the interest of the IUF that an open standard in the area of handwritten
data exchange is allowed to evolve.


Motorola:

At this time, and without performing a detailed patent search,
participants of Motorola, Inc. ("Motorola") in the W3C's Multimodal
Working Group are unaware of any patents or pending applications which
contain Essential Claims necessary to implement the InkXML 20020816
Specification ("InkXML Specification"). In the future, if the
implementation of the InkXML Specification as part of a W3C
Recommendation requires the use of Essential Claims of any Motorola
patents, any company will be able to obtain a worldwide, nonexclusive
license on royalty-free and other reasonable and non-discriminatory
terms to those Essential Claims owned or controlled by Motorola
necessary to implement in products or services the InkXML Specification
as a part of that W3C Recommendation. One precondition of any such
license granted to a company ("licensee") shall be the licensee's
agreement to grant a reciprocal worldwide, royalty-free, nonexclusive
license to any Essential Claims owned or controlled by the licensee or
its Affiliates ( its parent company or any company in which it or its
parent company have more than 50% of the ownership or control), to
Motorola necessary to implement in products or services any W3C
Recommendation which incorporates the InkXML Specification. Motorola
expressly reserves all other patents and intellectual property rights it
may have, including the right to refuse to grant or terminate a
royalty-free license to any company and its Affiliates if it or one of
its Affiliates asserts a claim of infringement against Motorola's
products or services that implement any W3C Recommendation which
incorporates the InkXML Specification.

===========

Yi-Min Chee
ymchee@us.ibm.com

on behalf of:

IBM Corporation
Intel Corporation
International Unipen Foundation
Motorola, Inc.




Received on Tuesday, 10 September 2002 11:14:22 UTC

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