Submitted:
May 10, 2002 under the rules in RFC 2026.
Note: Updates to IPR disclosures must only be made by authorized
representatives of the original submitters. Updates will automatically
be forwarded to the current Patent Holder's Contact and to the Submitter
of the original IPR disclosure.
I.
Patent Holder/Applicant ("Patent Holder")
Holder legal name
Brocade Communications Systems
II. Patent Holder's Contact for License Application
Holder contact name
Ronald Epstein
Holder contact email
Holder contact info
VP General Counsel T: 408-392-5225
III. IETF Document or Other Contribution to Which this IPR Disclosure Relates
IV. Statement
Statement
The Patent Holder states that its position with respect to licensing any patent claims contained in the patent(s) or patent application(s) disclosed above that would necessarily be infringed by implementation of the technology required by the relevant IETF specification ("Necessary Patent Claims"), for the purpose of implementing such specification, is as follows(select one licensing declaration option only):
See text box below for licensing declaration.
Licensing information, comments, notes or URL for further information:
This letter sets forth Brocade's patent licensing policy regarding any IETF Standard, current or future. Brocade is not willing to waive its rigts in its relevant, essential patent and patent applications (collectively "IPR"). However, in accordance with RFC 2026, Brocade is willing to negotiate licenses for its IPR on reasonable and nondiscriminatory terms and conditions. In particular, Brocade is willing to negotiate nonexclusive, worldwide licenses under its IPR 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 the standard; provided that these licenses may not extend to any part of function of a product that is not required to implement or comply with the standard.
Brocade's license grant may be conditioned upon the licensee's grant of a reciprocal license under the licensee's IPR and IPR owned by parties with which licensee is affiliated. In assessing what terms are reasonable, Brocade may refer to the royalty rates that a potential licensee has set for its own IPR and IPR of parties with which it may be affiliated. Brocade also reserves the right to grant licenses to its IPR as part of a cross-license with any other party.
Brocade has not performed a search of its patent portfolio for the purpose of determining whether Brocade has any IPR to any existing or pending IETF standard. With this letter, Brocade submits there is no futher obligation to search its patent portfolio for future standards.
Please contact me at 408-392-5225 concening any licensing matters.
V. Contact Information of Submitter of this Form
Submitter name
Submitter email
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