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 television." 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, 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 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 (http://www.atsc.org/standards/a_53c_with_amend_1.pdf); (2) Doc. A/65B: ATSC Standard: Program System=20 Information Protocol for Terrestrial Broadcast=20 and Cable (Revision B)=20 (http://www.atsc.org/standards/a_65b.pdf); (3) Doc. A/69: ATSC Recommended Practice:=20 Program and System Information Protocol=20 Implementation Guidelines for Broadcasters=20 (http://www.atsc.org/standards/a_69.pdf); (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 (http://www.atsc.org/standards/a_54a.pdf). ATTACHMENT 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 (http://www.atsc.org/standards/a_53c_with_amend_1.pdf); (2) Doc. A/65B: ATSC Standard: Program System=20 Information Protocol for Terrestrial Broadcast=20 and Cable (Revision B)=20 (http://www.atsc.org/standards/a_65b.pdf); (3) Doc. A/69: ATSC Recommended Practice:=20 Program and System Information Protocol=20 Implementation Guidelines for Broadcasters=20 (http://www.atsc.org/standards/a_69.pdf); (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 (http://www.atsc.org/standards/a_54a.pdf). 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 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. Fifth, 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 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 krubenstein@xxxxxxxxxxxxx). CONTACT: MPEG LA Lawrence Horn, 301-986-6660 Fax:=20 301-986-8575 lhorn@xxxxxxxxxx KEYWORD: COLORADO=20 INDUSTRY KEYWORD: HARDWARE LEGAL/LAW=20 COMPUTERS/ELECTRONICS TELECOMMUNICATIONS=20 NETWORKING 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.