[opendtv] One Stop shopping?

  • From: Craig Birkmaier <craig@xxxxxxxxx>
  • To: OpenDTV Mail List <opendtv@xxxxxxxxxxxxx>
  • Date: Thu, 23 Dec 2004 07:59:41 -0500

MPEG LA Announces Plan for ATSC Patent License;=20
Call for Essential Patents is First Step

December 23, 2004 12:00am
Source: Business Wire

  Business Wire : DENVER--(BUSINESS WIRE)--Dec.=20
22, 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 ATSC digital television standard, which has=20
been adopted thus far in the U.S., Canada, South=20
Korea, Argentina and Mexico. The purpose of the=20
call is to begin a process of evaluating and=20
determining patents that are essential for the=20
ATSC Standard in order to include them in a joint=20
patent portfolio license providing users with=20
fair, reasonable, nondiscriminatory access to=20
this technology. A summary of the MPEG LA plan=20
with reference to the ATSC standard is attached.

  "Using this plan to develop an ATSC Patent=20
Portfolio License, MPEG LA looks forward to=20
offering users of the ATSC standard the=20
opportunity to obtain efficient access to=20
essential intellectual property under a single=20
license on fair, reasonable nondiscriminatory=20
terms as an alternative to negotiating separate=20
licenses with each patent owner," said MPEG LA=20
CEO Baryn S. Futa. "We are pleased to be able to=20
take this initiative and offer this service for=20
the benefit of television markets that have=20
chosen to utilize the ATSC standard for digital=20

  Any party that believes it has a patent that is=20
essential for the ATSC 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
=46ebruary 15, 2005. Interested parties may request=20
a copy of the terms and procedures governing=20
patent submissions by going to www.mpegla.com,=20
"Programs in Development," then "ATSC."


  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 and the proposed SMPTE VC-1=20
standard. In addition, MPEG LA actively seeks to=20
adopt its alternative patent licensing model in=20
other industries including biotech and=20
pharmaceutical. For more information, please=20
refer to www.mpegla.com.

  ATSC Standard

  The ATSC standard refers here to a set of=20
digital television terrestrial transmission=20
standards adopted in the United States, Canada,=20
South Korea, Argentina and Mexico for the=20
deployment and use of digital high definition=20
television (HDTV), standard definition television=20
(SDTV) and related technologies, as specified in:

  (1) Doc. A/53C: ATSC Standard: Digital=20
Television Standard (A/53), revision C Including=20
Amendment No. 1=20

  (2) Doc. A/65B: ATSC Standard: Program System=20
Information Protocol for Terrestrial Broadcast=20
and Cable (Revision B)=20

  (3) Doc. A/69: ATSC Recommended Practice:=20
Program and System Information Protocol=20
Implementation Guidelines for Broadcasters=20

  (4) Doc. A/74: ATSC Recommended Practice:=20
Receiver Performance Guidelines=20
(http://www.atsc.org/standards/a_74.pdf); and

  (5) Doc. A/54A: Recommended Practice: Guide to=20
the Use of the ATSC Digital Television Standard=20


  Following is a summary of the MPEG LA plan for=20
licensing of patents which are essential to the=20
ATSC standard:

  1. Objective

  To establish a portfolio of essential worldwide=20
patents that are necessary for implementation of=20
the ATSC standard in digital television sets and=20
systems in order to provide users with fair,=20
reasonable, nondiscriminatory access to as much=20
essential intellectual property as possible under=20
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:

(1) Doc. A/53C: ATSC Standard: Digital Television=20
Standard (A/53), revision C Including Amendment=20
No. 1=20

  (2) Doc. A/65B: ATSC Standard: Program System=20
Information Protocol for Terrestrial Broadcast=20
and Cable (Revision B)=20

  (3) Doc. A/69: ATSC Recommended Practice:=20
Program and System Information Protocol=20
Implementation Guidelines for Broadcasters=20

  (4) Doc. A/74: ATSC Recommended Practice:=20
Receiver Performance Guidelines=20
(http://www.atsc.org/standards/a_74.pdf); and

  (5) Doc. A/54A: Recommended Practice: Guide to=20
the Use of the ATSC Digital Television Standard=20

  3. Organization

  The patent portfolio may require at least the following functions:

  First, 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 ATSC standard. Any party that believes it has=20
essential patents is invited to submit them for=20
evaluation and inclusion in accordance with the=20
terms and procedures governing submissions (see=20

  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.

  Fifth, 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 February 15,=20
2005. Although patent submissions may continue to=20
be 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 ATSC 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 "ATSC." 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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