[opendtv] Re: 8VSB Patents running out?

  • From: Mark Schubin <tvmark@xxxxxxxxxxxxx>
  • To: opendtv@xxxxxxxxxxxxx
  • Date: Tue, 17 Apr 2007 10:44:05 -0400

It wasn't about enforceability of the Canadian patent. The deal was supposed to be that a lower royalty on the U.S. patent would be appropriate as part of a package deal including the later-expiring patent. The ruling was that, when the U.S. patent expired, so did any licensing deal associated with it, even if it was tied to the later patent. 


TTFN,
Mark


Allen Le Roy Limberg wrote:

The suit was brought after the U. S. patent expired, so its enforceability
against third parties was not in issue.  The U. S. court lacks jurisdiction
to make a Canadian patent unenforceable in the Canadian courts.

Al
----- Original Message ----- From: "Mark Schubin" <tvmark@xxxxxxxxxxxxx> 
To: <opendtv@xxxxxxxxxxxxx>
Sent: Monday, April 16, 2007 8:42 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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