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Item 9 in Section 2.4 of the Bylaws explains what happens to a ballot when an Exclusion Notice is filed and a Patent Advisory Group is formed. Currently, the clauses in Item 9 are joined by "ands", implying that certain processes must occur in a certain order. More flexibility is needed for the Forum to handle situations when an Exclusion Notice is filed and a PAG is formed. We should remove these "ands" and make the clauses independent. Also, some members of the Forum might want to introduce an alternative ballot that does not threaten to infringe an alleged "Essential Claim". To allow that, we should also add an independent clause that says something to the effect, "If an Exclusion Notice is filed during the IPR Review Period, an alternative ballot may be proposed at any time as a replacement."
The text was updated successfully, but these errors were encountered:
Item 9 in Section 2.4 of the Bylaws explains what happens to a ballot when an Exclusion Notice is filed and a Patent Advisory Group is formed. Currently, the clauses in Item 9 are joined by "ands", implying that certain processes must occur in a certain order. More flexibility is needed for the Forum to handle situations when an Exclusion Notice is filed and a PAG is formed. We should remove these "ands" and make the clauses independent. Also, some members of the Forum might want to introduce an alternative ballot that does not threaten to infringe an alleged "Essential Claim". To allow that, we should also add an independent clause that says something to the effect, "If an Exclusion Notice is filed during the IPR Review Period, an alternative ballot may be proposed at any time as a replacement."
The text was updated successfully, but these errors were encountered: