[opendtv] [Fwd: RE: PSIP Patent fun]

From: Tom Barry <trbarry@xxxxxxxxxxx>
To: opendtv <opendtv@xxxxxxxxxxxxx>
Date: Tue, 24 Feb 2009 23:38:28 -0500

Personal email from John Wilkie, posted with permission.

Though I suspect the FCC will at least comment and request an amicableresolution.


- Tom

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From: John Willkie <jwillkie@xxxxxxxxxxxxxxxxxxxxx>
To: 'Tom Barry' <trbarry@xxxxxxxxxxx>
References: <49A49D91.50407@xxxxxxxxxxx>
Subject: RE: [opendtv] PSIP Patent fun
Date: Tue, 24 Feb 2009 18:07:10 -0800
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Tom;

(off-list)  I am having problems posting to the list, and I haven't had the
spare cycles to fix it.  You can feel free to post this to the list.

I suspect that the FCC will not intervene; I know of no FCC regulation that
requires set makers to include PSIP functionality in their products.

This would appear to be another case where the ATSC patent policy might have
been abrogated.

I have been retained as a defense expert witness in what appears to be
parallel case brought by Funai under the same patent. It could taint my
potential testimony and could compromise that party's position to comment in
any depth.

I have reviewed the 6.115.074 patent, and it seems to cover technology used
in the now obsolete A/55 (a predecessor to PSIP.)  I am not sure that the
claims in the patent cover the technologies used in rendering PSIP
information.

My understanding (which comes from outside the case and in a different
context, and from an attorney who I believe isn't connected to this matter)
is that if an alleged infringer doesn't follow all the steps in the patent
claim, then the patent hasn't been infringed.

Unfortunately, it would be inappropriate for me to comment further.  But, I
think I might be available, were Vizio seeking an expert defense witness.
The first time I saw the patent, I thought someone was alleging that I was
an infringer.

John Willkie
EtherGuide Systems

-----Mensaje original-----
De: opendtv-bounce@xxxxxxxxxxxxx [mailto:opendtv-bounce@xxxxxxxxxxxxx] En
nombre de Tom Barry
Enviado el: Tuesday, February 24, 2009 5:23 PM
Para: opendtv
Asunto: [opendtv] PSIP Patent fun

I have purchased two Vizio HDTV's now, and like them.  A lot of bang for
the buck, for the moment.  But patents may cloud the issue.

John W, any comment on this PSIP related development?

 From
<http://www.broadcastingcable.com/article/179758-Set_Maker_Asks_FCC_For_Help
_In_Patent_Dispute.php>

- Tom

---------------------------------------------------
Set-Maker Asks FCC For Help In Patent Dispute

Vizio calls Funai's patent fees "extortionate"

By Glen Dickson -- Broadcasting & Cable, 2/23/2009 4:52:20 PM MT

Vizio, a leading manufacturer of value-priced HDTV sets, has enlisted
the FCC's help in its ongoing patent dispute with Funai, a Japanese
manufacturer which sells HDTV sets under the Sylvania and Philips brands
and which also holds some patents relating to the U.S. digital TV
standard which it acquired from Thomson Consumer Electronics.

Irvine, Calif.-based Vizio, which is currently involved in patent
litigation with Funai, has filed a "request for temporary relief" with
the FCC asking that Funai be made to comply with the patent licensing
conditions adopted by a host of technology companies which were involved
with the creation of the Advanced Television Systems Committee (ATSC)'s
digital TV standard. According to FCC rules, Funai is required to
respond to Vizio's request within seven calendar days.

"Vizio has requested that the FCC order Funai to cease its unreasonable
and discriminatory patent enforcement policies while the FCC considers a
pending petition for declaratory ruling," said Vizio. "The declaratory
ruling seeks action and protection from excessive DTV patent charges
that have collectively exceeded $1 billion."

At issue is U.S. Patent No. 6,115,074, which relates to the Program and
System Information Protocol (PSIP) data which is transmitted within DTV
signals to deliver program guide information and other data. Funai,
which acquired the patent in 2007 from Thomson, has filed a complaint
with the International Trade Commission seeking to block six
manufacturers from importing their DTV sets into the U.S. on the grounds
that they infringe the Funai patent.

According to Vizio's FCC filing, Funai is asking for a license fee of $5
per each Vizio set for the patent, which Funai deems essential to the
ATSC system. Vizio says that the $5 fee is "extortionate" and would
force it to raise the price of its HD sets at the same time that the
country's long-running digital TV transition is drawing to a close.

"Funai plans to exclude Vizio receivers, which are among the leading
low-priced digital receivers available to consumers, just before the
digital television transition concludes in June," said Vizio. "If that
happened, there could be shortage of digital televisions, just when
consumers need them the most, or the prices consumers have to pay for
new receivers will increase. Either result will harm the smooth
transition to digital that Congress sought to achieve in passing the DTV
Delay Act."

Vizio says that Funai's requested fee doesn't meet the reasonable and
non-discriminatory (RAND) patent licensing terms that members of the
ATSC patent pool, including Thomson Consumer Electronics, originally
agreed to during the formation of the ATSC standard.

Vizio says that Funai's proposed $5 fee is equal to the rate charged by
the entire ATSC patent pool administered by MPEG LA, which provides
licenses for at least 32 patents owned by at least seven companies
including Philips Electronics, LG Electronics, Mitsubishi, Panasonic,
Samsung, Scientific-Atlanta and Zenith Electronics. It also notes that
the MPEG-4 compression technology which will be used by new mobile DTV
handsets under a proposed addition to the ATSC standard is being
licensed at no more than 25 cents per unit.

Vizio isn't the only entity complaining about Funai's patent pricing. A
consumer interest group called The Coalition United to Terminate
Financial Abuses of the Television Transition (CUT FATT), which
petitioned the FCC last month to scrutinize patent licensing fees for
digital TV sets, says it is supporting of Vizio's request to the FCC
regarding Funai.

"On one hand, the DTV Delay Act highlights the importance our government
leaders place on a digital TV transition that avoids imposing enormous
burdens on American consumers," said CUT FATT spokesperson Amos Snead in
a statement. "On the other hand, some patent holders are being allowed
to impose excessive licensing fees that are being passed along to U.S.
consumers at a cost of more than $1 million per day. Funai is one
example of a patent holder that is exploiting the transition to digital
to make exorbitant profits on digital television sales."

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[opendtv] [Fwd: RE: PSIP Patent fun]

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