[opendtv] Re: 8VSB Patents running out?

  • From: Mark Schubin <tvmark@xxxxxxxxxxxxx>
  • To: opendtv@xxxxxxxxxxxxx
  • Date: Mon, 16 Apr 2007 22:51:54 -0400

Yes, I site I sent you to believes the law is wrong. That's why I chose it. They think it's wrong, but they agree that it's the law. You cannot legally collect license fees for a patent after its expiration, regardless of the deals made before the expiration. 


TTFN,
Mark

John Willkie wrote:

Mark;

That still doesn't make it "on all fours" with what LG purportedly trying to
do with E-VSB, since the tie-in was off-shore.

And, we should note that the brief you linked to asserts that the Scheiber
case and earlier ones weren't decided with a proper understanding of the
facts.

Maybe LG is hoping lightning will strike thrice.

John Willkie
----- Original Message ----- From: "Mark Schubin" <tvmark@xxxxxxxxxxxxx> 
To: <opendtv@xxxxxxxxxxxxx>
Sent: Monday, April 16, 2007 5:42 PM
Subject: [opendtv] Re: 8VSB Patents running out?



No.  The tie-in in Scheiber was BEFORE the patent expired, the theory

being that a lower royalty would be justified by a tie-in to a
later-expiring patent (in Canada, I seem to recall).

TTFN,
Mark


-----Original Message-----

From: Allen Le Roy Limberg <allimberg@xxxxxxxxxxxx>
Sent: Apr 16, 2007 5:33 PM
To: opendtv@xxxxxxxxxxxxx
Subject: [opendtv] Re: 8VSB Patents running out?

Scheiber v. Dolby treated the issue after the patent had expired and

there

were no other patents tied to the original.
LG's licensing offer, if indeed it was as rumored, risks a court finding

the

later patents to be unenforceable.

Al
----- Original Message ----- From: "Mark Schubin" <tvmark@xxxxxxxxxxxxx> 
To: <opendtv@xxxxxxxxxxxxx>
Sent: Saturday, April 14, 2007 5:21 PM
Subject: [opendtv] Re: 8VSB Patents running out?



I agree.  See Scheiber v. Dolby.
http://www.law.duke.edu/journals/dltr/articles/2003dltr0005.html

TTFN,
Mark



Allen Le Roy Limberg wrote:

The scuttlebutt is there is a tying arrangement that taking a license

under

8VSB patents & EVSB entails agreement to take EVSB license until end

of

their term.  In my opinion that is an illegal tying arrangement.

Al Limberg



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