IHE Patent Disclosure Notice

1. IHE Patent Disclosure Notice IHE International, Inc. 2010

2. Instructions to Domain Committee Secretaries • IHE International strongly recommends that at each Domain committee meeting the committee Secretary or a designee: Show slides #3 through #6 of this presentation andadvise the committee participants and guests attendees that: • The IHE patent disclosure policy is described in Appendix A, Section A.3 of the IHE Principles of Governance • Early identification of patent claims which may be necessary for the use of technical documents under development is strongly encouraged; • There may be Necessary Patent Claims of which the IHE is not aware. Additionally, neither IHE nor the committee Co-chairs or Secretary can ensure the accuracy or completeness of any assurance or whether any such assurance is, in fact, of a Patent Claim that is necessary for the use of the technical document under development. 1 2010-02-08 IHE International, Inc.

3. Instructions to Domain Committee Secretaries (2) Domain Secretary shall record in the minutes of the relevant Domain committee meeting: • That the foregoing information was provided and that slides 3 through 6 (and this slide, if applicable) were shown; • That the chair or designee provided an opportunity for participants to identify patent claim(s)/patent application claim(s) and/or the holder of patent claim(s)/patent application claim(s) of which the participant is personally aware and that may be essential for the use of that standard • Any responses that were given, specifically the patent claim(s)/patent application claim(s) and/or the holder of the patent claim(s)/patent application claim(s) that were identified (if any) and by whom. The Domain Secretary shall ensure that a request is made to any identified holder(s) of potential necessary patent claim(s) to complete and submit a Letter of Assurance. It is recommended that the Committee Co-chairs and Committee Secretaries review the guidance in IHE Principles of Governance, Appendix A, Section A.3 2 2010-02-08 IHE International, Inc.

4. Participants, Patents, and Duty to Inform • All participants in this meeting have certain obligations under the IHE Patent Disclosure Policy. • Participants ("Committee Representatives"): “. . . shall bring to the attention of IHE International any claims of a patent or patent application . . . owned, controlled or that can be sublicensed by the Member Organization (or a Parent Company, Subsidiary or Affiliate of the Member Organization) now or at any future time of which the Committee Representative is aware and which the Representative believes would necessarily be infringed by implementation of IHE Technical Documents developed by any Committee on which the Member Organization participates.” • Timing: “ . . . as expeditiously as possible after the Member Organization or Committee Representative recognizes the obligation of disclosure and not less than 10 days prior to the date that the affected IHE Technical Document is scheduled for initial publication for public comment.” • No duty to perform a search of a Member Organization's patent portfolio. Text quoted from IHE Principles of Governance, Appendix A, Section A.3 2010-02-08 IHE International, Inc. 3

5. Patent-Related Links • All participants should be familiar with their obligations under the IHE Patent Disclosure Policy. The Patent Disclosure Policy is stated in Appendix A, Section A.3 of the IHE Principles of Governance: http://www.ihe.net/governance/ • Material about the patent disclosure policy is available at: http://www.ihe.net/governance/patent_disclosure.cfm If you have questions about the IHE Patent Disclosure Policy or other provisions of the IHE Principles of Governance, contact the IHE International Board Secretary – secretary@ihe.net. 2010-03-16 IHE International, Inc. 4

6. Call for Potentially Necessary  Patent Claims • If anyone in this meeting is personally aware of  any patent claims that may be necessary to implementation of the proposed technical documents under consideration by this group and that are not already the subject of an Accepted Letter of Assurance (LOA): • Either speak up now or • Provide the secretary of this committee with the identity of the holder(s) of any and all such claims as soon as possible or • Cause an LOA to be submitted (to committee secretary or secretary@ihe.net) 2010-03-16 IHE International, Inc. 5

7. Other Guidelines for IHE Committee Meetings • All IHE committee meetings shall be conducted in compliance with all applicable laws, including antitrust and unfair competition laws. • Don’t discuss the interpretation, validity, or necessity of patents or patent claims. • Don’t discuss specific license rates, terms, or conditions. Relative costs, including licensing costs of necessary patent claims, of different technical approaches may be discussed in standards development meetings. Technical considerations remain primary focus • Don’t discuss or engage in the fixing of product prices, allocation of customers, or division of sales markets. • Don’t discuss the status or substance of ongoing or threatened litigation. • Don’t be silent if inappropriate topics are introduced … do formally object. See IHE Principles of Governance, Section 9.2.10 Meeting Conduct for further details. 2010-03-16 IHE International, Inc. 6