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Xiph.Org Foundation's Statement about IPR related to draft-ietf-codec-opus-05

Only those sections of the "Patent Disclosure and Licensing Declaration Template for Specific IPR Disclosures" where the submitter provided information are displayed.

This IPR disclosure updates IPR disclosure ID #1446, "Xiph.Org Foundation's Statement about IPR related to draft-ietf-codec-opus-00".

Update this IPR disclosure. Note: Updates to IPR disclosures must only be made by authorized representatives of the original submitters. Updates will automatically be forwarded to the current Patent Holder's Contact and to the Submitter of the original IPR disclosure.

Submitted Date: March 27, 2011

I. Patent Holder/Applicant ("Patent Holder")
Legal Name: Xiph.Org Foundation
II. Patent Holder's Contact for License Application
Name: Timothy B. Terriberry
Title:
Department:
Address1:
Address2:
Telephone: 617-331-2549
Fax: 617-500-0947
Email: tterribe@xiph.org
III. Contact Information for the IETF Participant Whose Personal Belief Triggered this Disclosure:
Name: Timothy B. Terriberry
Title:
Department:
Address1:
Address2:
Telephone: 650-961-2969
Fax:
Email: tterribe@xiph.org
IV. IETF Document or Other Contribution to Which this IPR Disclosure Relates:
Internet-Draft:"Definition of the Opus Audio Codec"
(draft-ietf-codec-opus-05)
V. Disclosure of Patent Information (i.e., patents or patent applications required to be disclosed by Section 6 of RFC 3979)
A. For granted patents or published pending patent applications, please provide the following information:
Patent, Serial, Publication, Registration, or Application/File number(s): US 61/284,154; US 61/450,041; US 61/450,053; US 61/450,060
Date(s) granted or applied for: 17-SEP-2010; 7-MAR-2011
Country: US
Additional Notes:

B. Does this disclosure relate to an unpublished pending patent application?: YES
C. If an Internet-Draft or RFC includes multiple parts and it is not reasonably apparent which part of such Internet-Draft or RFC is alleged to be covered by the patent information disclosed in Section V(A) or V(B), it is helpful if the discloser identifies here the sections of the Internet-Draft or RFC that are alleged to be so covered:
No information submitted
VI. Licensing Declaration
The Patent Holder states that its position with respect to licensing any patent claims contained in the patent(s) or patent application(s) disclosed above that would necessarily be infringed by implementation of the technology required by the relevant IETF specification ("Necessary Patent Claims"), for the purpose of implementing such specification, is as follows(select one licensing declaration option only):
See Text Below for Licensing Declaration.
Licensing information, comments, notes, or URL for further information:

Xiph.Org intends to provide the following royalty-free license if the technology covered by this disclosure is included in a standard adopted by the IETF.

LICENSE

License Grant. Xiph.Org Foundation (“Xiph”) hereby grants to you a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this license) license under Licensed Patents to make, have made, use, offer to sell, sell, import, transfer, and otherwise run, modify (in a way that still complies with the Specification), and reproduce any Implementation.

Definitions. Specification means, and includes the following, both individually and collectively, (a) any standard specification of the Opus codec adopted by the IETF Codec Working Group (“Standard”) and (b) any reference implementation (each, a “Reference Implementation”) published by the IETF Codec Working Group in the request for comments (“RFC”) issued by the IETF for the Specification draft for which this License is issued, or any RFC that is issued as an update or new version thereof. An Implementation means any Reference Implementation, or another implementation that complies with the Specification. Licensed Patents means all patents currently owned by Xiph or acquired hereafter that Xiph has the right to license as set forth above and that are necessarily infringed by the Specification, where “necessarily infringed” means: in the case of (a) above, there is no commercially viable means of implementing the Specification without infringing such patent; in the case of (b) above, use of the reference implementation to the extent it infringes such patent.

Termination. If you, directly or indirectly via controlled affiliate or subsidiary, agent, or exclusive licensee, file a Claim for patent infringement against any entity alleging that an Implementation in whole or in part constitutes direct or contributory patent infringement, or inducement of patent infringement (a “Claim”), provided that a Reference Implementation also infringes the patents asserted in the Claim, then any patent rights granted to you under this License shall automatically terminate retroactively as of the date you first received the grant. Claims made against an Implementation in part will only trigger termination if the Implementation in part was done for the purpose of combining it with other technology that complies with the Specification so that the technology’s ultimate use will be consistent with the Standard as a whole.

Note: The individual submitting this template represents and warrants that he or she is authorized by the Patent Holder to agree to the above-selected licensing declaration.
VII. Contact Information of Submitter of this Form (if different from the Contact Information above)
Name: Timothy B. Terriberry
Title:
Department:
Address1:
Address2:
Telephone: 650-961-2969
Fax:
Email: tterribe@xiph.org
VIII. Other Notes:
No information submitted