July 2006

Harry Worstell, AT&T

Slide 1

doc.: IEEE 802.11-06/1129r1

Submission

Appeal Tutorial

Notice: This document has been prepared to assist IEEE 802.11. It is offered as a basis for discussion and is not binding on the contributing individual(s) or organization(s). The material in this document is subject to change in form and content after further study. The contributor(s) reserve(s) the right to add, amend or withdraw material contained herein.

Release: The contributor grants a free, irrevocable license to the IEEE to incorporate material contained in this contribution, and any modifications thereof, in the creation of an IEEE Standards publication; to copyright in the IEEE’s name any IEEE Standards publication even though it may include portions of this contribution; and at the IEEE’s sole discretion to permit others to reproduce in whole or in part the resulting IEEE Standards publication. The contributor also acknowledges and accepts that this contribution may be made public by IEEE 802.11.

Patent Policy and Procedures: The contributor is familiar with the IEEE 802 Patent Policy and Procedures <http:// ieee802.org/guides/bylaws/sb-bylaws.pdf>, including the statement "IEEE standards may include the known use of patent(s), including patent applications, provided the IEEE receives assurance from the patent holder or applicant with respect to patents essential for compliance with both mandatory and optional portions of the standard." Early disclosure to the Working Group of patent information that might be relevant to the standard is essential to reduce the possibility for delays in the development process and increase the likelihood that the draft publication will be approved for publication. Please notify the Chair < stuart.kerry@philips.com> as early as possible, in written or electronic form, if patented technology (or technology under patent application) might be incorporated into a draft standard being developed within the IEEE 802.11 Working Group. If you have questions, contact the IEEE Patent Committee Administrator at <patcom@ieee.org>.

Date: 2006-19-07

Name Company Address Phone email Harry Worstell AT&T 180 Park Ave

Florham Park, NJ 973-236-6915 hworstell@research.att.com

Authors:

July 2006

Harry Worstell, AT&T

Slide 2

doc.: IEEE 802.11-06/1129r1

Submission

Appeal Tutorial• Prior to an appeal, a significant attempt should be made to resolve concerns informally

• If the informal attempts to resolve a concern are unsuccessful and a formal complaint is filed

Appeal brief

• Appellant shall file a written appeal brief with the WG Secretary within 30 days after the date of notification/occurrence of an action or at any time with respect to inaction.

• Appeal brief shall :

• State the nature of the objection(s) including any resulting adverse effects• The clause(s) of the procedures or the standard(s) that are at issue• Actions or inaction that are at issue• The specific remedial action(s) that would satisfy the appellant’s concerns• Previous efforts to resolve the objection(s) and the outcome of each shall be noted.

July 2006

Harry Worstell, AT&T

Slide 3

doc.: IEEE 802.11-06/1129r1

Submission

• Appellant shall include complete documentation of all claims in the appeal brief.

• Within 20 days of receipt of the appeal brief WG Secretary :

• shall send the appellant a written acknowledgment of receipt of the appeal brief

• shall send the appellee (the Chair of the WG) a copy of the appeal brief and acknowledgment,

• shall send the parties a written notice of the time and location of the hearing (“hearing notice”) with the appeals panel

• Hearing with the appeals panel shall be scheduled at the location set for, and during the period of, the first plenary session that is at least 60 days after mailing of the hearing notice by the WG Secretary

Appeal brief (cont)

July 2006

Harry Worstell, AT&T

Slide 4

doc.: IEEE 802.11-06/1129r1

Submission

Reply brief

• Within 45 days after receipt of the hearing notice

• Appellee should send the appellant and WG Secretary a written reply brief

• Appellee shall specifically addressing each allegation of fact in the appeal brief to the extent of the appellee’s knowledge

• Appellee shall include complete documentation supporting all statements contained in the reply brief

July 2006

Harry Worstell, AT&T

Slide 5

doc.: IEEE 802.11-06/1129r1

Submission

Appeals Panel

• IEEE 802 WG Chair

• Shall appoint from the appeals pool an appeals panel consisting of:

• A chair

• Two other members of the panel

• Who have not been directly involved in the matter in dispute

• Who will not be materially or directly affected by any decision made or to be made in the process of resolving the dispute

• At least two members shall be acceptable to the appellant

• At least two shall be acceptable to the appellee

• If the parties to the appeal cannot agree on an appeals panel within a reasonable amount of time, the whole matter shall be referred to the WG Chair for consideration utilizing the Chair’s Advisory Committee where applicable.

July 2006

Harry Worstell, AT&T

Slide 6

doc.: IEEE 802.11-06/1129r1

Submission

Conduct of the Hearing

• Hearing shall be open

• Except under the most exceptional circumstances• At the discretion of the WG chair

• Appellant has the burden of demonstrating

• Adverse effects• Improper actions or inaction• The efficacy of the requested remedial action

• Appellee has the burden of demonstrating

• The committee took all actions relative to the appeal in compliance with its procedures• The requested remedial action would be ineffective or detrimental

• Each party may adduce other pertinent arguments,

July 2006

Harry Worstell, AT&T

Slide 7

doc.: IEEE 802.11-06/1129r1

Submission

• Members of the appeals panel may address questions to individuals before the panel

• Appeals panel shall only consider documentation included in the appeal brief and reply brief, unless

• Significant new evidence has come to light; and

• Such evidence reasonably was not available to the appellant or appellee, as appropriate, at the time of filing; and

• Such evidence was provided by the appellant or appellee, as appropriate, to the other parties as soon as it became available.

• Information shall be provided at least two weeks before the date of the appeals panel hearing.

Conduct of the Hearing (cont.)

July 2006

Harry Worstell, AT&T

Slide 8

doc.: IEEE 802.11-06/1129r1

Submission

Appeals Panel Decision

• Appeals panel shall

• Render its decision in writing within 30 days of the hearing

• Stating findings of fact and conclusions

• With reasons there for, based on a preponderance of the evidence

• Consideration may be given to the following positions, among others, in formulating the decision

• Finding for the appellant, • Remanding the action to the appellee, with a specific statement of the issues and facts in regard to which fair and equitable action was not taken

• Finding against the appellant, • with a specific statement of the facts that demonstrate fair and equitable treatment of the appellant and the appellant’s objections

• Finding that new, substantive evidence has been introduced• remanding the entire action to the appropriate group for reconsideration

July 2006

Harry Worstell, AT&T

Slide 9

doc.: IEEE 802.11-06/1129r1

Submission

Request for Re-hearing

• Decision of the appeals panel shall become final 30 days after it is issued

• unless one of the parties files a written notice of request for re-hearing prior to that date with the WG Secretary in which case the decision of the appeals panel shall be stayed pending review by the WG Chair utilizing the Chair’s Advisory Committee where applicable.

• At that time, the WG Chair shall decide

• To adopt the report of the appeals panel, and thereby deny the request for re-hearing; or

• To direct the appeals panel to conduct a re-hearing.

• Further complaints if a re-hearing is denied shall be referred to the LMSC Chair.

July 2006

Harry Worstell, AT&T

Slide 10

doc.: IEEE 802.11-06/1129r1

Submission