[Ip-health] Re: [A2k] Digtial television makers ask FCC to
create patent pool for DTV patents, in order to avoid excessive royalities
James Love
james.love@keionline.org
Mon Jan 12 09:50:02 2009
The F.C.C. might play a role if there is evidence that patent holders
were not forthcoming in disclosing relevant patents, or prices are
excessive, in terms of recommending the US DOJ bring a competition
complaint.
Jamie
On Thu, 2009-01-08 at 17:44 -0500, michael.davis@law.csuohio.edu wrote:
> There are a host of government agencies which have policies regarding
> patents but I am not aware of any which can alter patent law (there are
> some agencies, such as DOD, which have some jurisdiction, but that is
> granted by patent law itself). I don't think the FCC has been granted
> jurisdiction to regulate patent rights and it seems this issue should be
> directed at altering patent law, not asking the FCC to do something that
> involves changing patent law.
>
> Mickey Davis
>
> > This is a matter about which I know a little. FCC
> > http://www.gtwassociates.com/answers/fccipr.htm and EPA
> > http://www.gtwassociates.com/answers/cases/epamandatorypatentlicense.htm
> > are the only government agencies that have patent policies
> >
> > Also see "Congressional Testimony & FCC Rulemaking concerning essential
> > patents in proceeding 87 - 268 in the matter of Advanced Television
> > Systems
> > and Their Impact upon the existing Television Broadcasting Service" at
> > http://www.gtwassociates.com/alerts/PatentLicensingforHDTVstandard.doc
> >
> >
> > Best Regards,
> >
> > George T. Willingmyre, P.E.
> > President, GTW Associates
> > 1012 Parrs Ridge Drive
> > Spencerville, MD 20868 USA
> > www.gtwassociates.com 1.301.421.4138
> > ----- Original Message -----
> > From: "James Love" <james.love@keionline.org>
> > To: "a2k" <a2k@lists.essential.org>; "Ip-health"
> > <ip-health@lists.essential.org>
> > Sent: Wednesday, January 07, 2009 10:41 AM
> > Subject: [A2k] Digtial television makers ask FCC to create patent pool for
> > DTV patents, in order to avoid excessive royalities
> >
> >
> >> Thanks to Konstantinos for bringing this to my attention. Digital
> >> television manufacturers are asking the FCC to mandate the establishment
> >> of a patent pool for digital television with open licenses and
> >> reasonable royalties. The petition to the FCC focuses on the problems
> >> of excessive royalties charged by two patent owners, for patents that
> >> are needed to comply with an FCC standard.
> >>
> >> KEI will consider supporting this petition.
> >>
> >> Jamie
> >>
> >>
> >> http://www.techweb.com/article/showArticle?articleID=212700600
> >>
> >> TV Makers Petition FCC Over DTV Patent Royalties
> >>
> >> Law360, New York (January 06, 2009) -- A coalition of television
> >> manufacturers has petitioned the U.S. Federal Communications Commission
> >> asking it to take steps to stop patent holders from charging excessive
> >> license royalties for digital television intellectual property.
> >>
> >> In a petition filed Friday with the FCC, a coalition that includes Vizio
> >> Inc. and Westinghouse Digital Electronics Inc. asked the commission to
> >> establish licensing pools for DTV patents
> >>
> >> PRESS RELEASE OF ONE PARTICIPANT
> >>
> >> VIZIO, America's HDTV Company, Vows Support for 'CUT FATT' Effort to
> >> Reduce Excessive DTV Patent Licensing Fees
> >>
> >> PRNewsWire News Releases
> >> Published: 01/02/09 09:24 PM EST
> >>
> >> IRVINE, Calif., Jan. 2 /PRNewswire/ -- VIZIO, America's HDTV Company,
> >> announced today its support of the Coalition to Terminate Financial
> >> Abuses of the Television Transmission. VIZIO is petitioning and urging
> >> the FCC to take action and protect American consumers from excessive
> >> patent charges for DTV that have already exceeded $1 Billion. The
> >> coalition, also known as CUT FATT, was formed to protect American
> >> consumers purchasing televisions from the excessive unregulated patent
> >> fees, charged by companies claiming to own the patents needed to comply
> >> with FCC standards for digital televisions (DTV). "At VIZIO we support
> >> the American consumer, it is our duty to offer them more for their
> >> money, therefore we support the efforts of the CUT FATT coalition," said
> >> Laynie Newsome, VIZIO VP, Sales & Marketing Communications and
> >> Co-Founder. Formed in mid-2008, CUT FATT's mission is to raise awareness
> >> among Members of Congress and the FCC about the uncontrolled price
> >> gouging of these patent holders. The petition asks the FCC to hold
> >> abusive parties responsible for excess charges, and to impose new rules
> >> for patent licensing to end the overcharging.
> >>
> >> (Logo: http://www.newscom.com/cgi-bin/prnh/20060307/LATU014LOGO-b)
> >>
> >> Since July 1, 2007, the FCC has required that all televisions sold in
> >> the U.S. include a digital tuner built to the requirements of the
> >> Advanced Television Systems Committee (ATSC). Holders of the patents
> >> needed to meet these government-mandated requirements are demanding that
> >> American consumers pay between twenty and thirty dollars per television
> >> for the same patent rights that cost $1 or less in Europe, Japan and
> >> other parts of the world. It is estimated that in 2008 and 2009 alone,
> >> the aggregate royalty cost to American consumers will be well over one
> >> billion dollars for fees that would total only about $65 million in
> >> Europe and Japan. "Without action now, this abuse could continue for
> >> many years. We believe that the FCC must declare that any DTV royalty
> >> demands that exceed comparable international fees are a violation of FCC
> >> rules. We believe that any patent holder seeking higher fees should be
> >> required to prove to the FCC that their license fees are reasonable and
> >> non-discriminatory. We also believe the FCC should initiate a rulemaking
> >> proceeding in order to create a set of basic rules that apply to the
> >> licensing of all patents that are required to implement the FCC-mandated
> >> DTV receiver standards," states Laynie Newsome, VIZIO VP, Sales &
> >> Marketing Communications and Co-Founder.
> >>
> >> "This is the great untold story of the transition to digital
> >> television," said Amos Snead, spokesman for CUT FATT. "Since 2007,
> >> American consumers have been paying more than twenty to thirty times
> >> what consumers in Europe and Japan pay in royalties for basically the
> >> same technologies. What's worse, patent holders bundle allegedly
> >> essential technology with worthless patents, jack up the rates, and
> >> stick consumers with the bill. The FCC created this system, and it's
> >> time for the FCC to fix it by establishing basic rules that make pricing
> >> fair and transparent. American consumers are willing to pay a fair rate
> >> but they are not willing to be victim to uncontrolled price gouging."
> >>
> >> With more than 62,000 DTV sets sold every day, the total cost to
> >> consumers for this rampant overcharging has already vastly exceeded the
> >> cost of the transition subsidy provided to consumers through the NTIA
> >> converter box program. Without action by the FCC or Congress, the high
> >> fees will continue indefinitely.
> >>
> >> For more information about CUT FATT contact Amos Snead at
> >> amos.snead@dittus.com, 202-715-1531 or the VIZIO press contacts below.
> >>
> >>
> >>
> >> _______________________________________________
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> >> A2k@lists.essential.org
> >> http://lists.essential.org/mailman/listinfo/a2k
> >>
> >>
> >
> >
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>
>
> --
> Mickey Davis
> _________________________________
> Prof. Michael H. Davis
> Professor of Law
> Cleveland State Univ. College of Law
> 1801 Euclid Ave.
> Cleveland, OH 44115-2214
> (mailing address: 2121 Euclid Ave. LB 234)
> 216-687-2228
> _____________________________________________________________
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>
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--
James Love, Director, Knowledge Ecology International
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