[opendtv] More One Stop Shopping?

  • From: Craig Birkmaier <craig@xxxxxxxxx>
  • To: OpenDTV Mail List <opendtv@xxxxxxxxxxxxx>
  • Date: Thu, 23 Dec 2004 09:33:25 -0500

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 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 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.


=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

(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

(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

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

CONTACT: MPEG LA Lawrence Horn, 301-986-6660 Fax:=20
301-986-8575 lhorn@xxxxxxxxxx KEYWORD: COLORADO=20
(paragraph)<<Business Wire -- 12/22/04>>

<< Copyright =A92004 Business Wire >>

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