MPEG LA Announces Plan for DVB-H Patent License;=20 Call for Essential Patents is First Step December 23, 2004 12:00am Source: Business Wire Business Wire: DENVER--(BUSINESS WIRE)--Dec. 22,=20 2004--MPEG LA, LLC, world leader in one-stop=20 technology standards patent licensing, today=20 issued a call for patents that are essential to=20 the DVB-H standard, a specification of the DVB=20 Project and the European Telecommunications=20 Standards Institute (ETSI) for carrying=20 multimedia services over digital terrestrial=20 broadcast networks to handheld terminals. The=20 purpose of the call is to begin a process of=20 evaluating and determining patents that are=20 essential for the DVB-H Standard in order to=20 include them in a joint patent portfolio license=20 providing users with fair, reasonable,=20 nondiscriminatory access to this technology. A=20 summary of the MPEG LA plan with reference to the=20 DVB-H standard is attached. DVB-H builds on the=20 (DVB Project/ETSI) DVB-T digital terrestrial=20 television transmission standard for which MPEG=20 LA already offers a patent portfolio license. "The relationship of DVB-H to the DVB-T standard=20 makes this a natural extension of our DVB-T=20 Patent Portfolio License and a great fit for MPEG=20 LA," said MPEG LA CEO Baryn S. Futa. "We look=20 forward to the opportunity to offer the=20 marketplace efficient access to this innovative=20 new technology." Any party that believes it has a patent that is=20 essential to the DVB-H standard and would like to=20 join a patent portfolio license upon successful=20 evaluation is invited to submit its patent(s) for=20 an evaluation of essentiality by MPEG LA's patent=20 experts. Initial submissions are requested by=20 March 1, 2005. Interested parties may request a=20 copy of the terms and procedures governing patent=20 submissions by going to www.mpegla.com, "Programs=20 in Development," then "DVB-H." MPEG LA, LLC MPEG LA is the world leader in one-stop=20 technology platform patent licenses, enabling=20 users to acquire patent rights necessary for a=20 particular technology standard or platform from=20 multiple patent holders in a single transaction=20 as an alternative to negotiating a license with=20 each of them. Wherever an independently=20 administered one-stop patent license would=20 provide a convenient marketplace alternative to=20 assist users with implementation of their=20 technology choices, the licensing model pioneered=20 and employed by MPEG LA may provide a solution.=20 MPEG LA is not related to any standards agency=20 and is not an affiliate of any patent holder.=20 MPEG LA licenses portfolios of essential patents=20 for the MPEG-2, IEEE 1394, DVB-T, MPEG-4 Visual=20 (Part 2), MPEG-4 Systems and AVC/H.264 (also=20 known as MPEG-4 Part 10) standards. MPEG LA is=20 also facilitating the development of alternative=20 patent portfolio licenses relating to DRM=20 Reference Model v 3.0, the proposed SMPTE VC-1=20 standard and the ATSC standard. In addition, MPEG=20 LA actively seeks to adopt its alternative patent=20 licensing model in other industries including=20 biotech and pharmaceutical. For more information,=20 please refer to www.mpegla.com. DVB-H DVB-H refers to a standard (ETSI EN 302 304, as=20 more specifically referenced in the Attachment)=20 for a transmission system using European=20 Telecommunications Standards Institute (ETSI)=20 Digital Video Broadcasting standards to provide=20 an efficient way of carrying multimedia services=20 over digital terrestrial broadcast networks to=20 handheld terminals. For more information, see=20 http://www.etsi.org and http://www.dvb.org. ATTACHMENT =46ollowing is a summary of the MPEG LA plan for=20 licensing of patents which are essential to the=20 DVB-H standard: 1. Objective To establish a portfolio of essential worldwide=20 patents that are necessary for implementation of=20 the DVB-H standard in order to provide users with=20 fair, reasonable, nondiscriminatory access to as=20 much essential intellectual property as possible=20 under one license. 2. Licensed patents Essential patents will consist of issued or=20 otherwise enforceable patents having one or more=20 claims that are infringed by use or=20 implementation of the following: ETSI EN 302 304 V.1.1.1 (11-2004): "Digital Video=20 Broadcasting (DVB); Transmission System for=20 Handheld Terminals (DVB-H)," and the following=20 additional documents to the extent incorporated=20 therein by reference, and required for a DVB-H=20 compliant device or signal: (1) ETSI EN 300 744: "Digital Video Broadcasting=20 (DVB); Framing structure, channel coding and=20 modulation for digital terrestrial television."=20 (DVB-T); (2) ETSI EN 300 468: "Digital Video Broadcasting=20 (DVB); Specification for Service Information (SI)=20 in DVB systems." (DVB-SI); (3) ETSI EN 301 192: "Digital Video Broadcasting=20 (DVB); DVB specification for data broadcasting"=20 (DVB-DATA); (4) ETSI TS 101 191: "Digital Video Broadcasting=20 (DVB); DVB mega-frame for Single Frequency=20 Network (SFN) synchronization"; and (5) ISO/IEC 7498-1: "Information Technology --=20 Open Systems Interconnection -- Basic Reference=20 Model: The Basic Model" as they may be amended=20 (collectively hereinafter referred to as the=20 "DVB-H Specification"). These documents may be obtained by going to www.etsi.org and www.iso.org. 3. Organization The patent portfolio may require at least the following functions: =46irst, as Evaluation Facilitator, MPEG LA has=20 made a call described in this announcement for=20 the submission of patents for an evaluation of=20 their essentiality by patent experts and=20 inclusion in a joint license if determined to be=20 essential. MPEG LA also will facilitate the=20 evaluation process, convene the initial group of=20 essential patent holders and facilitate their=20 deliberations to consider terms of a joint=20 license as described below. Second, an Evaluator (identified below) will=20 evaluate patents for essentiality with respect to=20 the DVB-H standard. Any party that believes it=20 has essential patents is invited to submit them=20 for evaluation and inclusion in accordance with=20 the terms and procedures governing submissions=20 (see below). Third, an initial group of essential patent=20 holders who have agreed to the terms governing=20 the submission of patents and been found by the=20 independent patent experts to have essential=20 patents will be convened to decide licensing=20 terms. Patent evaluations will continue and=20 patent submissions may continue to be made for=20 later inclusion and participation by patent=20 owners. After joint license terms are decided,=20 evaluations will continue throughout the course=20 of the license in order to include as much=20 essential intellectual property as possible. =46ourth, a licensing administrator will be chosen=20 by the initial group of patent holders. The=20 licensing administrator will be granted=20 non-exclusive sublicensing rights from the=20 essential patent owners under licensed patents in=20 order to sublicense those patents under terms of=20 the joint patent license and will actively=20 promote the licensing program and distribute=20 collected royalties to the patent owners. =46ifth, an administrative committee consisting of=20 representatives of the essential patent owners=20 will monitor certain activities of the licensing=20 administrator. 4. Licensing details To be determined by the essential patent owners. 5. Schedule (Initial Plan) Initial patent submissions: by March 1, 2005.=20 Although patent submissions may continue to be=20 submitted after that date, patent owners who=20 submit patents by that date that are determined=20 to be essential will be invited to attend an=20 initial meeting of essential patent holders. Accordingly, MPEG LA hereby announces that any=20 party that believes it has patents that are=20 essential with respect to the DVB-H standard=20 described above and wishes to join the patent=20 portfolio upon successful evaluation, is invited=20 to submit such patents for evaluation, together=20 with a statement confirming its agreement with=20 the objectives and intention to abide by terms=20 and procedures (including participation fees to=20 be paid by submitting parties who are determined=20 to have essential patents) governing the patent=20 submission process, which may be obtained by=20 going to www.mpegla.com, "Programs in=20 Development," then "DVB-H." Patent evaluations=20 will be conducted by Dr. Kenneth Rubenstein and=20 his worldwide team of independent patent experts,=20 PROSKAUER ROSE LLP (1585 Broadway, New York, NY=20 10036-8299, Tel. 212-969-3000, Fax 212-969-2900,=20 krubenstein@xxxxxxxxxxxxx). CONTACT: MPEG LA Lawrence Horn, 301-986-6660 Fax:=20 301-986-8575 lhorn@xxxxxxxxxx KEYWORD: COLORADO=20 Technology_IT INDUSTRY KEYWORD: LEGAL/LAW=20 ENTERTAINMENT TELEVISION/RADIO CABLE NETWORKING=20 PRODUCT SOURCE: MPEG LA .end=20 (paragraph)<<Business Wire -- 12/22/04>> << Copyright =A92004 Business Wire >> ---------------------------------------------------------------------- You can UNSUBSCRIBE from the OpenDTV list in two ways: - Using the UNSUBSCRIBE command in your user configuration settings at FreeLists.org - By sending a message to: opendtv-request@xxxxxxxxxxxxx with the word unsubscribe in the subject line.