Agency Information Collection Activities; Proposed Collection; Comment Request; Project No. P131203 #00044

Submission Number:
00044
Commenter:
George Willingmyre
Organization:
GTW Associates
State:
Maryland
Initiative Name:
Agency Information Collection Activities; Proposed Collection; Comment Request; Project No. P131203

GTW Associates comments below in CAPITAL LETTERS on those information requests related to standards setting about which GTW Associates has some experience: o. whether the Patent (or any claims therein) is subject to a licensing commitment made to a Standard-Setting Organization MANY PARTICIPANTS IN STANDARDS SETTING MAKE "BLANKET ASSURANCES" TO LICENSE ANY IP THAT MAY BE ESSENTIAL TO PRACTICE A STANDARD UNDER TERMS DEFINED IN THE ASSURANCE. SUCH ASSURANCES DO NOT IDENTIFY ANY PARTICULAR PATENT FOR A VARIETY OF REASONS SUCH AS THE COST TO THE HOLDER OF CONDUCTING A PATENT SEARCH TO IDENTIFY SPECIFIC PATENTS WHEN THE PARTICPANT HAS ALREADY MADE AN OVER ARCHING DECISION TO LICENSE ANY SUCH PATENT UPON THE CONDITIONS ACCEPTABLE TO A STANDARDS ORGANIZATION. IT MAY BE A SMALL MATTER OR A VERY EXPENSIVE MATTER FOR A RECIPIENT OF AN FTC REQUEST TO PROVIDE SPECIFIC INFORMATION IN RESPONSE TO SUCH A QUESTION. (1) all Standard-Setting Organizations to which a licensing commitment has been made; MOST PARTICIPANTS IN STANDARDS SETTING SHOULD BE ABLE TO IDENTIFY STANDARDS SETTING ORGANIZATIONS TO WHICH A LICENSE COMMITTMENT HAS BEEN MADE SUBJECT TO THE RESERVATIONS ABOVE. SINCE THERE ARE CRIMINAL PENALTIES SUBJECT TO NOT RESPONDING TO AN FTC REQUEST "It should be noted that pending this information collection, the destruction, mutilation, alteration, or falsification of documentary evidence within the possession or control of a person, partnership or corporation subject to the FTC Act is subject to criminal prosecution. 15 U.S.C. § 50, see also 18 U.S.C. § 1505." PARTICIPANTS IN STANDARDS SETTING WHO HAVE RECEIVED SUCH REQUESTS WILL BE HIGHLY MOTIVATED TO RESPOND SO AS NOT TO BE FOUND CRIMINALLY RESPONSIBLE AND WILL INCUR EXPENSES COLLECTING AND REPORTING INFORMATION IN RESPONSE TO THE SPECIFIC REQUEST WHERE THE INFORMATION PROVIDED WILL HAVE LITTLE OR NO VALUE TO THE STUDY OBJECTIVE. THIS INFORMATION REQUEST COULD RESULT IN COSTS TO RECIPIENTS OF THE REQUEST WITH LITTLE OR NO VALUE TO THE STUDY DEPENDING UPON THE CHOICE OF THE ENTITY WHO WILL BE REQUESTED TO SUPPLY THE INFORMATION (2) all standards to which such a licensing commitment applies; MOST PARTICIPANTS IN STANDARDS SETTING SHOULD BE ABLE TO IDENTIFY THE SPECIFIC STANDARDS FOR WHICH A LICENSE COMMITTMENT HAS BEEN MADE SUBJECT TO THE RESERVATIONS ABOVE (3) the Person(s) who made the licensing commitment; MOST PARTICIPANTS IN STANDARDS SETTING SHOULD BE ABLE TO IDENTIFY A PERSON WHO HAS MADE AN ASSURANCE ON THEIR BEHALF HOWEVER IT COULD BE THAT SOME SUCH ASSURANCES WILL HAVE BEEN MADE WITHOUT SUCH IDENTIFICATION (4) the date(s) on which the licensing commitment was made; MOST PARTICIPANTS IN STANDARDS SETTING SHOULD BE ABLE TO IDENTIFY THE DATE OF MAKING A LICENSE A PARTICULAR ASSURANCE SUBJECT TO THE RESERVATIONS ABOVE (5) all encumbrances, including, but not limited to, all commitments to license the Patent or any of its claims on reasonable and nondiscriminatory (RAND), fair, reasonable, and non-discriminatory (FRAND), or royalty-free (RF) terms; A VERY IMPORANT PHRASE ABOVE IS "but not limited to" ANY SPECIFIC ASSURANCE TO LICENSE A PATENT CLAIM IS CASE SPECIFIC. HIGHLIGHTING THESE SPECIFIC CONDITIONS SIGNALS POTENTIAL BIAS. A RECIPIENT OF THIS INFORMATION REQUEST WILL NO DOUBT FIND IT HELPFUL TO IDENTIFY OTHER ASPECTS OF SUCH ASSURANCES SUCH AS CONDITIONS OF "RECIPROCITY" FTC has grossly underestimated the "II. Estimated Burden Hours" for entities who receive such information requests to be "be between 3,600 (90 hours x 40 companies) to 16,000 (400 hours x 40 companies)." Any entity who has received an information request from an agency of the US government with criminal penalties for non compliance will devote far more time than is estimated by FTC in order to strive to be a "good citizen" as well as avoid criminal sanctions. GTW estimates the level of effort to be at the minimum ten times the above George T Willingmyre, PE President