PPSAI Team: Given that we are getting ready to publish the initial report, we’d like to propose the following, hopefully non-contentious suggestions to III.B, C, and E. We look forward to your thoughts. B. … (1) … (2) state to Requestor in writing or by electronic communication its the specific reasons for refusing to disclose. (3) … C. Disclosure can be reasonably refused, for reasons consistent with the general policy stated herein, including, but not limited to any of the following: (1) … (2) the Customer has objectsed to the disclosure and has providesd [adequate sufficient] reasons against disclosure, including without limitation a reasonable defense for its use of the trademark or copyrighted content in question for believing (i) that it is not infringing the Requestor’s claimed intellectual property rights, and/or (ii) that its use of the claimed intellectual property is defensible; (Note: This language tracks the Requestor’s standards warranting disclosure, and is the opposite side of the same coin.) (3) the Provider has found provides [adequate sufficient] reasons against disclosure for believing (i) that the Customer is not infringing the Requestor’s claimed intellectual property rights, and/or (ii) that the Customer’s use of the claimed intellectual property is defensible; (4) … (5) … … E. If refusal to disclose is based on objection to disclosure by the Customer, Requestor be informed of the reasons for objection. (Could be consolidated with III B (2)). Valeriya Sherman<http://www.sgrlaw.com/attorneys/profiles/sherman-valeriya/> | Attorney at Law 202-973-2611 phone 202-263-4326 fax www.sgrlaw.com<http://www.sgrlaw.com> vsherman@sgrlaw.com<mailto:vsherman@sgrlaw.com> 1055 Thomas Jefferson Street, N.W. Suite 400 Washington, D.C. 20007 Ms. Sherman's practice is limited to matters before federal courts and before the United States Patent and Trademark Office. She is not admitted in the District of Columbia. [cid:imagea17300.JPG@f2c065d8.45b3410b]<http://www.sgrlaw.com> Smith, Gambrell & Russell, LLP ________________________________ Confidentiality Notice This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.
