Draft Specification Review. (a) No less than thirty (30) days prior to a vote of the FDX Board of Directors (the “Notice and Review Period”) to approve a Draft Specification as a Final Specification (“Draft Final Specification”), FDX shall provide each Member with a copy of the Draft Final Specification for review. Within thirty (30) days of its receipt of the Draft Final Specification, a Member may, in the Member’s sole discretion, provide to FDX a notice of objection to the Draft Final Specification under review on the ground that the Member will not license its Necessary Claims under Section 4(a) (“Notice of Objection”). The Notice of Objection shall include a list of any Necessary Claims that the Member believes in good faith it may own or control, and that it is unwilling to license under Section 4(a). The Notice of Objection shall also identify, in the Member’s good faith belief, the portion of the Draft Final Specification that, if implemented, may infringe such Necessary Claims. If a Member resigns from FDX within the thirty (30) day period after receipt of a Draft Final Specification, and does not provide a Notice of Objection under this Section 5(a), the Member’s licensing obligations under Section 4(a) of this Agreement shall survive with respect to any Final Specification that is approved based on the Draft Final Specification at issue.
Draft Specification Review. The Board of Directors may formally submit a Draft Specification to the Sponsors, Contributor Associates and Participant Associates for review of Necessary Patent Claims at such time as it deems appropriate. Each Sponsor, Contributor Associate or Participant Associate that objects to the inclusion of any of its Necessary Patent Claims, or any other matters, shall be required during the term of the Review Period to provide a written statement describing with particularity any portion of the Draft Specification which it finds objectionable, the specific reasons therefore, and any revisions to the Draft Specification which would cure such objections. In the event that a Contributor Associate fails to make any objections to the Draft Specification during the Review Period, such Contributor Associate will be required to license any of its Necessary Patent Claims in the Draft Specification pursuant to the provisions of Section 3.1 in the event that the Draft Specification is adopted as a Final Specification unless such Contributor Associate withdraws pursuant to Section 2.4. Upon the conclusion of the Review Period, the Sponsors shall determine whether the Alliance should adopt the Draft Specification as a Pending Specification.
Draft Specification Review. The Board of Directors, by Majority Vote, may propose that a Draft Specification be formally submitted to the Sponsors and Participant Associates for review of Necessary Patent Claims. During such Review Period, each Sponsor and/or Participant Associate that objects to the inclusion of any of its Necessary Patent Claims, or any other matters, shall be required to provide a written statement describing with particularity any portion of the Draft Specification which it finds objectionable, the specific reasons therefore, and any revisions to the Draft Specification which would cure such objections during the term of the Review Period. In the event that a Sponsor fails to make any objections to the Draft Specification during the Review Period, such Sponsor will be required to license any of its Necessary Patent Claims in the Draft Specification pursuant to the provisions of Section 3.1 in the event that the Draft Specification is adopted as a Final Specification unless such Sponsor withdraws pursuant to Section 2.5.1.
Draft Specification Review. The Board of Directors, by Majority Vote, may propose that a Draft Specification be formally submitted to the Sponsors and Associates for review of Necessary Patent Claims. During such Review Period, Sponsor may object to the inclusion of any of its Necessary Patent Claims, or any other matters, and shall be required to provide a written statement describing with particularity any portion of the Draft Specification which it finds objectionable, the specific reasons therefore, and any revisions to the Draft Specification which would cure such objections during the term of the Review Period. In the event that a Sponsor fails to make any objections to HomePlug Sponsor’s Agreement 3 FINAL 2009-05-27 HOMEPLUG POWERLINE ALLIANCE SPONSOR’S AGREEMENT the Draft Specification during the Review Period, such Sponsor will be required to license any of its Necessary Patent Claims in the Draft Specification pursuant to the provisions of Section 3.1 in the event that the Draft Specification is adopted as a Final Specification unless such Sponsor withdraws pursuant to Section 2.5.1.
