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Overture Network's Statement about IPR claimed in draft-ietf-pwe3-tdm-requirements-01

This IPR disclosure was submitted by e-mail.

Sections I, II, and IV of "The Patent Disclosure and Licensing Declaration Template for Legacy" have been completed for this IPR disclosure. Additional information may be available in the original submission.

The text of the original IPR disclosure is available further down, and also here:
http://www.ietf.org/ietf-ftp/IPR/overture-ipr-draft-ietf-pwe3-tdm-requirements.txt.

Update this IPR disclosure. 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.

Submitted Date: October 21, 2003

I. Patent Holder/Applicant ("Patent Holder")
Legal Name: Overture Networks Inc.
II. Patent Holder's Contact for License Application
Name: Len Hayes
Title: Vice Presidents
Department: Operations
Address1: 507 Airport Blvd, Suite 111
Address2: Morrisville, NC 27560 USA
Telephone: +1-919-337-4123
Fax: +1-919-337-4149
Email: len.hayes@overturenetworks.com
III. IETF Document or Other Contribution to Which this IPR Disclosure Relates:
Internet-Draft:"Requirements for Edge-to-Edge Emulation of Time Division Multiplexed (TDM) Circuits over Packet Switching Networks"
(draft-ietf-pwe3-tdm-requirements)

The text of the original IPR declaration:

Title: Overture Network's Statement about IPR claimed in draft-ietf-pwe3-tdm-requirements-01
Received: October 21, 2003
From: Prayson Pate 

Please find attached an IPR statement relating to section 7.6
of draft-ietf-pwe3-tdm-requirements-01.txt.

      I. Patent Holder/Applicant ("Patent Holder")

      Legal Name: Overture Networks Inc.

      II. Patent Holder's Contact for License Application

      Name: Len Hayes

      Title: Vice Presidents

      Department: Operations

      Address: 507 Airport Blvd, Suite 111
                              Morrisville, NC 27560 USA

      Telephone: +1-919-337-4123

      Fax: +1-919-337-4149

      Email: len.hayes@overturenetworks.com

      III. Contact Information for the IETF Participant Whose Personal
      Belief Triggered the Disclosure in this Template (Optional):

      Name: Prayson Pate

      Title: Vice President

      Department: Engineering

      Address: 507 Airport Blvd, Suite 111
                              Morrisville, NC 27560 USA

      Telephone: +1-919-337-4102

      Fax: +1-919-337-4149

      Email: prayson.pate@overturenetworks.com

      IV. IETF Document or Contribution to Which Patent Disclosure Relates


      Title: "Requirements for Edge-to-Edge Emulation of TDM Circuits
                      over Packet Switching Networks (PSN)"


      RFC Number or I-D Tag: draft-ietf-pwe3-tdm-requirements-01.txt


      Other Designations:


      V. Disclosure of Patent Information (i.e., patents or patent
      applications required to be disclosed by Section 6 of RFC XXXX)

      A. For granted patents or published pending patent applications,
      please provide the following information:

      Patent, Serial, Publication, Registration, or Application/File
      number(s):

            US Publication 2003/0086372:
            "Automatic Adjustment of Buffer Depth for the correction of
            Packet Delay Variation"


      Date(s) granted or applied for (dd/mm/yy):

      - provisional filed: 07/11/2001
      - patent filed: 05/08/2002
      - application published: 05/08/2003


      B. Does your disclosure relate to an unpublished pending patent
      application?

      Select one: Yes ______ No __X____

      C. If an Internet-Draft or RFC includes multiple parts and it is not
      reasonably apparent which part of such Internet-Draft or RFC is
      alleged to be covered by the patent information disclosed in Section
      V(A) or V(B), it is helpful if the discloser identifies here the
      sections of the Internet-Draft or RFC that are alleged to be so
      covered.

      Related to dynamic sizing of a jitter buffer as described in section
      7.6 of the above cited draft document.


      VI. Licensing Declaration

      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):

      a) ___ No License Required for Implementers
                            Check here if commitment to forgo a license is limited
                            solely to standards-track RFCs ___

      b) ___ Royalty-Free, Reasonable and Non-Discriminatory License to
                        All Implementers
                            Check here if this commitment to license is limited solely
                            to standards-track RFCs ___

      c) _X_ Reasonable and Non-Discriminatory License to All
                        Implementers with Possible Royalty/Fee
                            Check here if this commitment to license is limited solely
                            to standards-track RFCs _X__

      d) ___ Licensing Declaration to be Provided Later (implies a
                        willingness to commit to the provisions of a), b), or c)
                        above; otherwise, the next option - "Unwilling to Commit to
                        the Provisions of a), b), or c) Above" - must be selected)

      e) ___ Unwilling to Commit to the Provisions of a), b), or c)
                        Above

      NOTE: The individual submitting this template represents and warrants
      that he or she is authorized by the Patent Holder to agree to the
      above-selected licensing declaration.

      VII. Contact Information of Submitter of this Form (if different from
      IETF Participant in Section III above)

      Name:

      Title:

      Department:

      Address:


      Telephone:

      Fax:

      Email:

      VIII. Other Notes:

      Where there is a necessary dependence upon such patents and patent
      applications in implementing an IETF adopted standard resulting from
      this document, Overture Networks will license on fair, reasonable, and
      non-discriminatory terms to all parties, any patent claims it owns
      covering such technology, solely to the extent such technology is
      essential to comply with such standard. Any such license to a party
      shall start on the date that Overture Networks and the party enter into
      an agreement related thereto and shall be granted on the condition that
      any such party grants to Overture Networks and its corporate affiliates a
      reciprocal license under such party's patents for which there is also a
      necessary dependence.