W3C Interaction Domain

Touch Events Patent Advisory Group Charter (TE PAG)

This charter is written in accordance with the W3C Patent Policy (PP).

Table of Contents

1 Goals

The Touch Events Patent Advisory Group is a Patent Advisory Group (PAG) as defined by the W3C Patent Policy (PP).

The mission of this Patent Advisory Group is to study issues and propose solutions related to the disclosures by Apple, Inc., concerning the Touch Events Candidate Recommendation of 15 December 2011.

This PAG is triggered by Section 7.1 (PAG Formation) of the Patent Policy, which states that a PAG is triggered in the event “a patent has been disclosed that may be essential, but is not available under W3C Royalty-Free licensing requirements”. On 16 November, US Patent Nr. 7,812,828, US Published Patent Application No. 13/163,624 (US) and US Published Patent Application 13/163,626 were disclosed by Apple Inc. Apple Inc. is not a member of the Web Events Working Group, there are no Royalty Free Commitments. In a letter to W3C's CEO Apple denied all licensing of the Patents in question.

2 Scope

The Touch Events PAG has the scope to:

The Touch Events PAG is not chartered to raise a formal opposition in the United States patent and trademark office against the patent applications but may recommend additional steps in its report.

3 Deliverable

The PAG ends with a PAG report to the W3C Director containing a recommendation. The recommendations have to be chosen among the options in section 7.5 of the Patent Policy:

  1. The initial concern has been resolved, enabling the Working Group to continue.
  2. The Working Group should be instructed to consider designing around the identified claims.
  3. The Team should seek further information and evaluation, including and not limited to evaluation of the patents in question or the terms under which W3C RF licensing requirements may be met.
  4. The Working Group should be terminated.
  5. The Recommendation (if it has already been issued) should be rescinded.
  6. Alternative licensing terms should be considered. The procedure in section 7 of the Patent Policy must be followed.

4 Duration

The Touch Events PAG is chartered through 30 June 2012. The PAG can be extended by the Director.

5 Confidentiality

All communications of the Touch Events PAG, the mailing list archives and the minutes of telephone conferences are W3C Member confidential.

This charter, the PAG report to the Director as well as an eventual document on prior art will be public. At regular intervals, the PAG should also provide status updates to the public.

6 Participation, meetings, and logistics

6.1 Participation

In accordance with section 7.3 of the W3C Patent Policy, this PAG is composed of:

Advisory Committee Representatives of each Member participating in the Web Events Working Group
A full list of Members participating in the Web Events Working Group is available.
W3C Team contacts for the Web Events Working Group
Doug Schepers
W3C Interaction Domain Leader
Philippe Le Hégaret
W3C counsel and PAG Chair
Rigo Wenning
Chairs for the Web Events Working Group
Art Barstow
Others suggested by the Working Group Chairs and/or the Team with the approval of the Director

Advisory Committee Representatives of Members participating in the Web Events Working Group must register for the PAG or will be put on the PAG by the Team. An Advisory Committee Representative who is unable to participate should designate an alternate. Each Advisory Committee Representative may also designate a second individual (usually legal counsel) to participate in the PAG.

Touch Events PAG participation (attending meetings, following the mailing list) is expected to require half a day per week per participant.

6.2 Communications

The Touch Events PAG conducts its discussion on a member readable mailing list, member-te-pag. The TE PAG has also a public mailing-list to collect prior art and to communicate with the larger web community.

6.3 Group home page

The Touch Events PAG has a member accessible home page.

6.4 Meetings

The Touch Events PAG conducts its work through mailing-list discussions and teleconferences. The PAG can decide to have one face-to-face meeting.

Participation in teleconferences or face-to-face meetings is limited to the participants of the PAG as described by the Patent Policy. The chair may invite individuals to specific meeting at his discretion.

7 About this charter

This PAG charter has been drafted according to the Procedures for Launching and Operating a Patent Advisory Group (PAG).