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Broadcom Corporation'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 #1447, "Broadcom Corporation's Statement about IPR related to draft-ietf-codec-opus-00 and draft-ietf-codec-description-00 (2)".

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 29, 2011

I. Patent Holder/Applicant ("Patent Holder")
Legal Name: Broadcom Corporation
II. Patent Holder's Contact for License Application
Name: Jeffrey D. Wheeler
Title: Director of Intellectual Property
Department: Legal
Address1: 5300 California Avenue
Address2: Irvine, CA 92617
Telephone: (949) 926-5473
Fax: (949) 926-6226
Email: jwheeler@broadcom.com
III. Contact Information for the IETF Participant Whose Personal Belief Triggered this Disclosure:
Name: Raymond Chen
Title: Sr Technical Director
Department: Office of CTO
Address1:
Address2:
Telephone: (949) 926-6288
Fax:
Email: rchen@broadcom.com
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 61/406,106; US 61/394,842; US 7,353,168
Date(s) granted or applied for: 22-OCT-2010; 20-OCT-2010; 1-APR-2008
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B. Does this disclosure relate to an unpublished pending patent application?: YES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:
No information submitted

The individual submitting this template represents and warrants that all terms and conditions that must be satisfied for implementers of any covered IETF specification to obtain a license have been disclosed in this IPR disclosure statement.

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: Jeffrey D. Wheeler
Title: Director of Intellectual Property
Department: Legal
Address1: 5300 California Avenue
Address2: Irvine, CA 92617
Telephone: (949) 926-5473
Fax: (949) 926-6226
Email: jwheeler@broadcom.com
VIII. Other Notes:

License Grant. Broadcom Corporation (“Broadcom”) 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 Broadcom or acquired hereafter
that Broadcom 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.