[opendtv] Re: 8VSB Patents running out?
- From: "Allen Le Roy Limberg" <allimberg@xxxxxxxxxxxx>
- To: <opendtv@xxxxxxxxxxxxx>
- Date: Tue, 17 Apr 2007 08:52:03 -0400
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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