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Error ID :
IPR INFORMATION STATEMENT AND LICENSING DECLARATION
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Current state :
Reflected
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IPR HOLDER / ORGANISATION
("Declarant")
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Legal Name :
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REFERENCES
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Reference :
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ISLD-199909-001
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external ID :
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CONTACT DETAILS FOR LICENSING INFORMATION
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Contact 1
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Name and Title:
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Mr. Richard GREEN
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Position:
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Department:
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Software Systems Group
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Address:
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901 San Antonio Road,
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Telephone:
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+1 408-863-3436
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Fax:
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+1 408-343-1482
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Email:
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richard.green@sun.com
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URL:
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IPR INFORMATION STATEMENT
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The declarant and/or its affiliates
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IPR LICENSING DECLARATION
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Notes
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The IPR declarations related to GSM 03.19 (TS 101 476) from Sun Microsystems Inc. have been removed from the ETSI IPR online database at the request of Directorate General Competition of the European Commission.
DG Competition's argument for such a removal, based on evidence they have gathered, is that the presence of these IPR declarations in the IPR online database and SR 000 314 amounts to a measurable distortion of competition in the relevant market. ETSI recognises DG Competition as the competent body to assess distortion of competition in the EU market. Consequently, ETSI considers itself to be under an obligation to take this action in this exceptional case.
The removal of these declarations from the ETSI IPR online database and SR 000 314 must not be taken to imply any judgement by ETSI on the essentiality of the relevant IPR. DG Competition has confirmed that this removal is without prejudice to SUN Microsystems Inc.'s right to enforce their relevant patents.
NOTE: SUN Microsystems Inc. still maintains their declarations of 19 January 2001 with respect to GSM 03.19 (TS 101 476) and their willingness to comply with the ETSI IPR Policy.
These original licensing declarations are available on request from the ETSI Legal Advisor. It should be noted that Sun Microsystems Inc. in their letter of 26 February 2003 to ETSI expressed their continuing belief that they "own patents that might be infringed by every compliant implementation of GSM 03.19 (TS 101 476)".
The technical evidence as provided by DG Competition which challenges the essential nature of SUN Microsystems Inc.'s patents is also available on request from the ETSI Legal Advisor.
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SIGNATURE
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Authorized person :
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Title of authorized person :
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Place :
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Date :
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19/01/2001 |
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ATTACHED DOCUMENTS
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- DISCLOSURE NUMBER 1
| ETSI Projects | | |
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Project acronym
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Project Name
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GSM
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Global System for Mobile communications
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| Work Item or Standard | | |
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Work Item / Standard no.
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Title
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Version/Edition
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Illustrative specific part of the Standard (e.g Section)
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TS 03.19
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Subscriber Identity Module Application Programming Interface (SIM API) for Java Card
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ETSI IPR ONLINE DATABASE – REQUESTING FOR A USER ACCOUNT
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A specific user account is required for making online IPR declaration to ETSI. Please click on the Sign Up link to request for such a user account.
If you already have user account please click on Login.
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ETSI IPR ONLINE DATABASE -- DISCLAIMER |
IPR in ETSI deliverables |
NO REPRESENTATIONS AND/OR WARRANTIES (WHETHER EXPRESS OR IMPLIED) ARE MADE BY THE ETSI SECRETARIAT REGARDING ANY OF THE INTELLECTUAL PROPERTY RIGHTS CONTAINED IN THE PRESENT IPR ONLINE DATABASE, INCLUDING BUT NOT LIMITED TO THE ACCURACY, COMPLETENESS, VALIDITY, APPLICABILITY OR RELEVANCE OF THE INFORMATION OR WHETHER OR NOT SUCH RIGHTS ARE ESSENTIAL AS PER THE DEFINITION OF THE ETSI IPR POLICY.
The bibliographic data of the declared patents are based on the information received from declarants and may also contain data imported only from the patent database "EspaceNet" of the European Patent Office*. FOR THE AVOIDANCE OF DOUBT, IN CASE OF DISCREPANCY AND/OR INCONSISTENCY BETWEEN THE CONTENT OF ANY ETSI IPR LICENSING DECLARATION FORM SIGNED BY THE DECLARANT**, AND OF THE ETSI IPR ONLINE DATABASE, THE SIGNED VERSION OF THE ETSI IPR LICENSING DECLARATION FORM SHALL PREVAIL.
PRIOR TO MAKING A PATENT LICENSING DECISION AND IMPLEMENTING ANY BASIS PATENT AND/OR MEMBER OF A PATENT FAMILY CONTAINED IN THE PRESENT IPR ONLINE DATABASE, POTENTIAL LICENSEES SHALL ALWAYS CONTACT THE DECLARANT.
* The ETSI patent family definition is different from the INPADOC definition (article 15.13 of ETSI IPR Policy).
** A scanned version of the ETSI IPR Licensing Declaration Form signed by the Declarant is available in the ETSI IPR Online Database under "InitDecl".
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I have read the terms upon which the present information is made available. |
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