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20-11032 Brief of Amicus Curiae
Case: 20-11032 Document: 00515836069 Page: 1 Date Filed: 04/26/2021 Case No. 20-11032 United States Court of Appeals for the Fifth Circuit CONTINENTAL AUTOMOTIVE SYSTEMS, INCORPORATED, a Delaware corporation, Plaintiff-Appellant, v. AVANCI, L.L.C., a Delaware corporation; AVANCI PLATFORM INTERNATIONAL LIMITED, an Irish company; NOKIA CORPORATION, a Finnish corporation; NOKIA OF AMERICA CORPORATION, a Delaware corporation; NOKIA SOLUTIONS AND NETWORKS U.S., L.L.C., a Delaware corporation; NOKIA SOLUTIONS AND NETWORKS OY, a Finnish corporation; NOKIA TECHNOLOGIES OY, a Finnish corporation; CONVERSANT WIRELESS LICENSING SARL, a Luxembourg corporation; OPTIS UP HOLDINGS, L.L.C., a Delaware corporation; OPTIS CELLULAR TECHNOLOGY, L.L.C., a Delaware corporation; OPTIS WIRELESS TECHNOLOGY, L.L.C., a Delaware Corporation; SHARP CORPORATION, a Japanese corporation, Defendants-Appellees. _____________________________ ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS, NO. 3:19-CV-02933, HONORABLE BARBARA M. G. LYNN, CHIEF JUDGE BRIEF OF MPEG LA, L.L.C. AS AMICUS CURIAE IN SUPPORT OF DEFENDANTS-APPELLEES AND AFFIRMANCE JOHN D. HOLDEN DELTON L. VANDEVER PHILIP M. TAYLOR WINDELS MARX LANE & MITTENDORF, LLP Attorneys for Amicus Curiae MPEG LA, L.L.C. 156 West 56th Street New York, New York 10019 (212) 237-1000 Case: 20-11032 Document: 00515836069 Page: 2 Date Filed: 04/26/2021 SUPPLEMENTAL STATEMENT OF INTERESTED PERSONS Continental Automotive Sys., Inc. v. Avanci L.L.C., et al. Case No. 20-11032 The undersigned counsel of record certifies that the following listed persons and entities as described in the fourth sentence of Fifth Circuit Rule 28.2.1, in addition to those disclosed in the parties’ statements of interested persons, have an interest in the outcome of this case. -
ATSC Powerpoint Presentation
ATSC Patent Portfolio License Briefing* *This presentation is for information purposes only. Actual license agreements will provide the only definitive and reliable statement V02/13/18 of license terms. Objective • A license for the convenience of users enabling them to acquire patent rights necessary for the ATSC Standard from multiple patent owners in a single transaction as an alternative to negotiating separate licenses 2 Coverage • Each patent is essential to the ATSC standard as defined in the ATSC Patent Portfolio License • Patent holders submit patents for evaluation of their essentiality by independent patent experts • Worldwide coverage including essential counterparts • Licensors include all essential ATSC patents • Copies of ATSC standard specifications developed and published by the Advanced Television Systems Committee are available at www.atsc.org/standards.html 3 Coverage • Attachment 1 to the License is a list of patents updated quarterly to add new essential ATSC patents o See www.mpegla.com (Current Pools, ATSC, Patent List) • New Licensors and essential patents may be added at no additional royalty during the current term, and coverage is provided for the entire term of license • The ATSC License does not provide coverage for essential MPEG-2 patents. A separate joint license for MPEG-2 patents is available from MPEG LA at www.mpegla.com (Current Pools, MPEG-2, Agreement). 4 Current Patent Owners Essential Patent Holders currently include: • Cisco Technology, Inc.* • JVC KENWOOD Corporation* • Koninklijke Philips N.V.* -
MPEG LA News Release
MPEG LA News Release NEWS RELEASE For Immediate Release CONTACT: Lawrence Horn MPEG LA, LLC 301.986.6660 301.986.8575 Fax [email protected] Development of Joint Patent License for H.264/MPEG-4 AVC Makes Progress Meeting of Essential Patent Holders Convened by MPEG LA Puts License on Fast Track (Denver, Colorado, USA - 7 July 2003) MPEG LA convened a meeting of essential H.264/MPEG-4 AVC patent and patent application holders in Washington, DC on June 23 and June 24 to begin the process of determining joint licensing terms. Parties with patents or patent applications determined by MPEG LA’s patent experts to be essential to the H.264/AVC standard (“standard”) were invited to participate. The essential patent and patent application holders are keenly aware of the intense marketplace interest in knowing the terms of a joint license for this important new technology as soon as possible, and the very positive and cooperative consensus-building atmosphere of their first meeting suggests that this goal is achievable. The meeting included discussion on an overall framework for a license, and a second meeting will be held July 31 to discuss proposed licensing terms in an effort to achieve their goal of reaching agreement on joint license terms during the fourth quarter 2003. Parties with patents or patent applications determined by MPEG LA’s patent experts to be essential to the H.264/AVC standard (“standard”) so far include Columbia University, Electronics and Telecommunications Research Institute of Korea (ETRI), France Télécom, Fujitsu, Matsushita, Mitsubishi, Microsoft, Motorola, Nokia, Philips, Polycom, Robert Bosch GmbH, Samsung, Sharp, Sony, Thomson, Toshiba, and Victor Company of Japan (JVC). -
For Immediate Release CONTACT
For Immediate Release CONTACT: Tom O’Reilly MPEG LA, LLC Tel: 303.200.1710 Fax: 301.986.8575 [email protected] MPEG LA Offers HEVC Patent Portfolio License License for High Efficiency Video Coding Standard with Patents from 23 Enterprises Is MPEG LA’s Latest (DENVER, CO, US – 29 September 2014) – MPEG LA, LLC today announced the availability of the HEVC Patent Portfolio License (“HEVC License”). The joint license includes patents that are essential to the High Efficiency Video Coding standard (HEVC, also known as H.265 and MPEG-H Part 2) designed to improve video coding and transmission efficiency for the benefit of Internet, television, and mobile service providers and consumers with increased speed and capacity. HEVC is also expected to deliver next generation higher resolution HDTV video by broadcast, streaming, download, and 4K Blu-ray™ for 4K and 8K Ultra High Definition TV. “The market is ready for an HEVC License,” said MPEG LA President and CEO Larry Horn, “and MPEG LA is proud to offer one. We applaud the cooperation and hard work of HEVC patent owners to make this important technology available through an efficient licensing alternative.” “The HEVC License is yet another example of the role the MPEG LA® Licensing Model plays in making licenses available on reasonable terms under standard-essential patents (SEPs) for emerging technologies,” added Bill Geary, Vice President of Business Development at MPEG LA. Copies of the HEVC license agreement may be obtained at http://www.mpegla.com/main/programs/HEVC/Pages/AgreementExpress.aspx. A summary of the license agreement may be found at http://www.mpegla.com/main/programs/HEVC/Pages/Agreement.aspx. -
For Immediate Release CONTACT
For Immediate Release CONTACT: Tom O’Reilly MPEG LA, LLC Tel: 303.200.1710 Fax: 301.986.8575 [email protected] MPEG LA Expands HEVC License Coverage (DENVER, CO, US – 25 April 2016) – MPEG LA, LLC has announced that the coverage of its HEVC Patent Portfolio License has been updated to conform with recent revisions to the HEVC standard as defined in Recommendation ITU-T H.265 v3 (4/2015). In addition to the coverage earlier provided to Licensees, the License has been expanded to provide coverage for the 3D Main profile. The current royalty rates remain unchanged. The HEVC Patent Portfolio License, introduced on September 29, 2014, is offered for the convenience of HEVC users enabling them to obtain coverage under essential patents owned by multiple patent holders in a single license as an alternative to negotiating separate licenses. Interested parties may request a copy of the License at http://www.mpegla.com/main/programs/HEVC/Pages/AgreementExpress.aspx. MPEG LA’s objective is to provide worldwide access to as much HEVC essential intellectual property as possible for the benefit of licensees. Any party that believes it has a patent which is essential to the HEVC standard as defined in Recommendation ITU-T H.265 v3 (4/2015) is welcome to submit its patent(s) for an evaluation of essentiality by MPEG LA’s patent experts and inclusion in the License if determined to be essential. Interested parties may request a copy of the terms and procedures governing patent submissions by going to http://www.mpegla.com/main/programs/HEVC/Pages/Licensors.aspx. -
HEVC Patent Portfolio License Briefing*
HEVC Patent Portfolio License Briefing* *This presentation is for information purposes only. Actual license agreements provide the only definitive and reliable statement of license terms. V10/10/18 Objective • Offer an alternative license for the convenience of users enabling them to acquire patent rights necessary for the HEVC standard (see next slide) from multiple patent holders in a single transaction as an alternative to negotiating separate licenses 2 Coverage • HEVC Standard as defined in ISO/IEC 23008-2:2013(E), ITU-T Recommendation H.265 (04/2013), Recommendation ITU-T H.265 v2 (10/2014), and/or Recommendation ITU-T H.265 v3 (4/2015) 3 Coverage • Each patent is essential to the HEVC standard (see previous slide) • Patent holders submitted patents for evaluation of their essentiality by independent patent experts • Worldwide coverage (including essential counterparts) • Licensors include all essential patents 4 Coverage • Attachment 1 to the License is updated regularly o See http://www.mpegla.com/main/programs/HEVC/Pages /PatentList.aspx o New Licensors and essential patents may be added at no additional royalty for present license coverage during the current term; coverage for entire term 5 Current Patent Owners Essential Patent Holders currently include • Alpha Digitech, Inc. • M&K Holdings Inc. • Apple Inc. • Massachusetts Institute of Technology (MIT) • British Broadcasting Corporation (BBC) • Maxell, Ltd. • Canon Inc. • NEC Corporation • Digital Insights Inc. • Nippon Hoso Kyokai (NHK) • Electronics and Telecommunications Research • Nippon Telegraph and Telephone Corporation (NTT) Institute (ETRI) • NTT DOCOMO, INC. • Fujitsu Limited • Orange SA • Funai Electric Co., Ltd. • Samsung Electronics Co., Ltd. • Hangzhou Hikvision Digital Technology Co., Ltd. -
H.264 Vs H.265 Video Encoding Approaches
H.264 vs H.265 Malcolm Weir George Nelson Gary Thom Delta Information Systems, Horsham, PA, USA Ampex Data Systems Corporation, Hayward, CA, USA Abstract: This paper discusses the application of two of times the number of pixels per second required by the latest video encoding approaches for test platforms, 1080p30, then that same mechanism could be applied to particularly in bandwidth-constrained and over imperfect less demanding formats (e.g. 1080p30) and achieve some (lossy) transmission links. High Efficiency Video Coding level of bandwidth savings. (HEVC or H.265) is compared with MPEG-4 Advanced It is this second rationale that has led to a category of Video Coding (AVC or H.264), and the behavior of both in applications for H.265/HEVC that is totally distinct from low bandwidth and lossy transmission channels is mass content distribution (as implemented by the likes of explored, concentrating on the ability to transmit usable Netflix for UHD-TV): video transmission over constrained information over low bandwidth links using each approach. network links, as with Apple’s FaceTime application Comparison of the same video simultaneously compressed connecting iPhone 6 (and later) devices. heavily for constrained links and lightly for on-board Therefore, with H.265/HEVC in use within a ubiquitous storage is used to illustrate the effects of heavy mass-market smartphone, it is clear that here is a compression on video usability, as well as side-by-side technology that may be ready for use in test and evaluation comparison of the output of both video encoding applications. algorithms as implemented in a rugged airborne package. -
Managing Intellectual Property Using Patent Pools: LESSONS from THREE GENERATIONS of POOLS in the OPTICAL DISC INDUSTRY
Managing Intellectual Property Using Patent Pools: LESSONS FROM THREE GENERATIONS OF POOLS IN THE OPTICAL DISC INDUSTRY Simon den Uijl Rudi Bekkers Henk J. de Vries For modern technologies, access to intellectual property rights (IPR) is complex because it is fragmented among many owners. The required licensing agreements invoke considerable transaction costs and royalty stacking. Often, it is in the interest of the technology sponsor to ease access to the required IPR. Patent pools have proven useful to achieve this goal. This article examines the experiences with three generations of patent pools in the optical disc industry. Technology platforms are becoming increasingly complex, which leads to a fragmentation of IPR among many pools and causes new issues. A novel “pool-of-pools” can address these. (Keywords: Patents, Intellectual Property, Licensing, Standardization, Technological Innovation, New Product Management, Disruptive Technology) he development of consumer electronics, telecommunications, com- puters, and related high-tech industries is defined by a myriad of tech- nologies. Increasingly, these technologies involve numerous blocking patents owned by multiple patent owners. A recent example is the competitionT between three prominent smartphone operating systems: iOS, Android, and Windows Mobile.1 The companies that developed these operating systems use patents to make the other platforms more expensive and spread uncertainty among app developers. When a technological field develops through the contributions of many entities, negotiating the number of requisite patent licenses may become inefficient and too costly for users. To solve this issue, which is inevitable for any area where many parties invest in research and development, companies increasingly employ a patent pool licensing model. -
The Arrival of the High Efficiency Video Coding Standard (HEVC)
3/21/2013 H.264/MPEG-4 Advanced Video The Arrival of the High Efficiency Coding (AVC): The basic idea (2003) Video Coding Standard (HEVC) • Compress digital video content • Twice as much as you did before (Rec. ITU-T H.265 | ISO/IEC 23008-2 | MPEG-H Part 2) • With the same video quality, e.g. as MPEG-2 or H.263 • Or get higher quality with the same number of bits (or a combo) • Example: higher quality may mean higher resolution, e.g. HD Gary J. Sullivan • And better adaptation to applications and network environments Co-Chair JCT-VC, Co-Chair JCT-3V, Chair VCEG, Co-Chair MPEG Video, • Unfortunately, with substantially higher computing requirements Video & Image Technology Architect, Microsoft <[email protected]> and memory requirements for both encoders and decoders 20 March 2013 Presentation for Data Compression Conference (DCC 2013) HEVC presentation for DCC 2013 Gary J. Sullivan 2013-03-20 High Efficiency Video Coding Chronology of International Video Coding Standards (HEVC): The basic idea (2013) MPEG-1 • Compress digital video content MPEG-4 Visual (1993) (1998-2001+) • Twice as much as you did before ISO/IEC • With the same video quality, e.g. as AVC H.262 / MPEG-2 H.264 / MPEG-4 • Or get higher quality with the same number of bits (or a combo) (1994/95- AVC T - 1998+) (2003-2009+) • Example: higher quality may mean higher resolution, e.g. Ultra-HD H.261 (1990+) • And better adaptation to applications and network environments ITU H.263 H.120 (1995-2000+) • Unfortunately, with substantially higher computing requirements (1984- and memory requirements for both encoders and decoders 1988) ▫ But this time the decoder is not so tough (~1.5x) ▫ And the memory increase is not so much 1990 1992 1994 1996 1998 2000 2002 2004 ▫ And the parallelism opportunities are better (throughout) HEVC presentation for DCC 2013 Gary J. -
H.264/MPEG-4 Advanced Video Coding Alexander Hermans
Seminar Report H.264/MPEG-4 Advanced Video Coding Alexander Hermans Matriculation Number: 284141 RWTH September 11, 2012 Contents 1 Introduction 2 1.1 MPEG-4 AVC/H.264 Overview . .3 1.2 Structure of this paper . .3 2 Codec overview 3 2.1 Coding structure . .3 2.2 Encoder . .4 2.3 Decoder . .6 3 Main differences 7 3.1 Intra frame prediction . .7 3.2 Inter frame prediction . .9 3.3 Transform function . 11 3.4 Quantization . 12 3.5 Entropy encoding . 14 3.6 In-loop deblocking filter . 15 4 Profiles and levels 16 4.1 Profiles . 17 4.2 Levels . 18 5 Evaluation 18 6 Patents 20 7 Summary 20 1 1 Introduction Since digital images have been created, the need for compression has been clear. The amount of data needed to store an uncompressed image is large. But while it still might be feasible to store a full resolution uncompressed image, storing video sequences without compression is not. Assuming a normal frame-rate of about 25 frames per second, the amount of data needed to store one hour of high definition video is about 560GB1. Compressing each image on its own, would reduce this amount, but it would not make the video small enough to be stored on today's typical storage mediums. To overcome this problem, video compression algorithms have exploited the temporal redundancies in the video frames. By using previously encoded, or decoded, frames to predict values for the next frame, the data can be compressed with such a rate that storage becomes feasible. -
For Immediate Release CONTACT
For Immediate Release CONTACT: Tom O’Reilly MPEG LA, LLC Tel: 303.200.1710 Fax: 301.986.8575 [email protected] MPEG LA Offers MVC Patent Portfolio License MVC is the 3D Video Standard Used in Blu-ray Disc® and Other 3D Video Products (DENVER, CO, US – 22 February 2012) – MPEG LA, LLC today announced the availability of the MVC Patent Portfolio License. The joint license includes patents that are essential to the Multiview Video Coding (“MVC”) standard for encoding and decoding 3D video. The MVC standard is used in Blu-ray Disc® 3D players, recorders, software, PCs, optical discs, 3D video cameras, and 3D playback devices. Current MVC essential patent holders include Dolby Laboratories Licensing Corporation; Fraunhofer- Gesellschaft zur Foerderung der angewandten Forschung e.V.; Fujitsu Limited; Hewlett-Packard Company; Hitachi Consumer Electronics Co., Ltd.; Koninklijke KPN N.V.; LG Electronics Inc.; Mitsubishi Electric Corporation; Nippon Telegraph and Telephone Corporation (NTT); NTT DOCOMO, Inc.; Panasonic Corporation; Sharp Corporation; Sony Corporation; The Trustees of Columbia University in the City of New York; and Thomson Licensing. "MPEG LA is proud to play a role in delivering technology that enables consumers to receive the benefits of 3D video," said MPEG LA President and CEO Larry Horn. "This license gives renewed testimony to the ability of the MPEG LA® Licensing Model to address real world market demand for access to standard-essential patents owned by multiple parties through a convenient, fair, and efficient one-stop licensing alternative enabling users to focus their resources on developing new competitive products instead of uncertainty and conflict. -
How Valuable Is Your Patent, Really?
1 2 3 4 • These are factors that go beyond the usual realm of a patent prosecution counsel • broad claims • well supported by spec • clean prosecution history • Timely issuance • Can the patent stand alone as an asset? à How much is the patent worth in the market place? 5 • Life after AIA • Presumption of validity at the district court level is no longer there • Parallel proceedings at PTAB • High rate of IPR institution and claim cancellation (especially at the outset of AIA) • While the application of AIA rules and new processes are being hashed out, presumption of validity is definitely gone. • Case law is always evolving – Pendulum still swinging • Gottschalk v. Benson • Parker v. Flook • Diamond v. Diehr • State Street Bank v. Signature Financial Group • In re Bilski • Alice Corp. v. CLS Bank International • DDR Holdings v. Hotels.com (one patent held as patentable! • Enfish v. Microsoft • Certain PTAB decisions being designated precedential 6 http://www.ncsl.org/research/financial-services-and-commerce/2016-patent-troll- legislation.aspx http://www.law360.com/articles/836578/the-post-aia-battleground-for-patent- challenges http://www.finnegan.com/resources/articles/articlesdetail.aspx?news=3aad1da2- 08a9-4f14-a147-611b1e39ff75 ITC: Availability of Cease and Desist orders and Limited or General Exclusion Orders; speedy proceedings “anti-patent troll” — i.e., entities that have made a business out of directly challenging patents via IPR for financial gain (“...IPR process is being misused by hedge fund companies whose motive isn't