Ericsson referred patents vs Web Sockets API and Server-Sent Events

Hi all,

some of you may remember that Ericsson when joining the WebApps WG made a reference to patents US 6,321,250, EP1310114 and PCT/EP2008/064352 (not yet published). Someone may have assumed Ericsson would disclose or even exclude from W3C RF licensing as defined in the W3 Patent Policy some claim of these patents in relation to the Working Draft Web Sockets API or Working Draft Server-Sent Events.

We have neither disclosed nor excluded any of the claims of these patents in relation to the Web Sockets API or the Server-Sent Events Working Drafts because we believe that there is no claim that is an Essential Claim to WebSockets API or Server-Sent Events Working Drafts as defined in the W3C Patent Policy. Ericsson believes that an implementation of the normative parts of either of these Working Drafts does not necessarily infringe any of the claims of these patents. In other words, the following part of the definition of Essential claims in the W3C Patent Policy is not met: "A claim is necessarily infringed hereunder when it is not possible to avoid infringing it because there is no non-infringing alternative for implementing the normative portions of the Recommendation".

Stefan Håkansson, on behalf of Telefonaktiebolaget LM Ericsson

Received on Wednesday, 16 September 2009 19:28:45 UTC