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Microsoft Corporation's Statement about IPR related to draft-ietf-codec-opus-10

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

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: January 25, 2012

I. Patent Holder/Applicant ("Patent Holder")
Legal Name: Microsoft Corporation
II. Patent Holder's Contact for License Application
Name: Peggy Moloney
Title: Program Manager
Department: Corporate Standards Group
Address1: One Microsoft Way
Address2: Redmond, WA 98052
Telephone: 206-707-1911
Fax:
Email: stdsreq@microsoft.com
III. Contact Information for the IETF Participant Whose Personal Belief Triggered this Disclosure:
Name: Peggy Moloney
Title: Program Manager
Department: Corporate Standards Group
Address1: One Microsoft Way
Address2: Redmond, WA 98052
Telephone: 206-707-1911
Fax:
Email: stdsreq@microsoft.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-10)
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):
Date(s) granted or applied for:
Country:
Additional Notes:

B. Does this disclosure relate to an unpublished pending patent application?: None
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:

Microsoft Patent Terms for draft-ietf-codec-opus-10
Date: 1-25-12

1. Patent Promise.

1.1. Patent Promise Grant. Subject to all the terms and conditions of this Agreement, I make the following promises:

1.1.1. Decoder Patent Promise. I, on behalf of myself and my successors in interest and assigns, irrevocably promise not to assert my Necessary Decoder Claims against you for your Decoder Implementation, subject to the following. This is a personal promise directly from me to you, and you acknowledge as a condition of benefiting from it that no rights from me are received from suppliers, distributors, or otherwise in connection with this promise. This promise also applies to your making, using, selling, offering for sale, importing or distributing an implementation of any subsequent version of the Decoder Specification published by the IETF Codec Working Group 1) only to the extent that it implements the Decoder Specification, and 2) so long as all required portions of the Decoder Specification are implemented. This promise does not extend to any portion of a subsequent version of the Decoder Specification published by the IETF Codec Working Group that was not included in the Decoder Specification.

1.1.2. Encoder Patent Promise. I, on behalf of myself and my successors in interest and assigns, irrevocably promise not to assert my Necessary Encoder Claims against you for your Encoder Implementation, subject to the following. This is a personal promise directly from me to you, and you acknowledge as a condition of benefiting from it that no rights from me are received from suppliers, distributors, or otherwise in connection with this promise. This promise also applies to your making, using, selling, offering for sale, importing or distributing an Encoder Implementation that also produces a bitstream that can be decoded by any subsequent version of the Decoder Specification published by the IETF Codec Working Group only to the extent that the Encoder Implementation produces a bitstream that can be decoded by a Decoder Implementation. This promise does not extend to any portion of an Encoder Implementation that is not included in the Reference Implementation.

1.2. Conditions.

1.2.1. Availability. If you have Necessary Decoder Claims or Necessary Encoder Claims, the promises set forth in Section 1 will become effective starting on the date that you make your Necessary Decoder Claims available, via a publicly available written statement, to all implementers for Decoder Implementations and your Necessary Encoder Claims available, via a publicly available written statement, to all implementers for Encoder Implementations on reasonable and non-discriminatory royalty-free licensing terms. The promises set forth in Section 1 will remain in effect so long as you continue to make such claims available for Decoder Implementations and Encoder Implementations under reasonable and non-discriminatory royalty-free licensing terms.

1.2.2. Additional Conditions. This promise is not an assurance (i) that any of my issued patent claims covers a Decoder Implementation or an Encoder Implementation or are enforceable or (ii) that a Decoder Implementation or an Encoder Implementation would not infringe intellectual property rights of any third party. Notwithstanding the personal nature of my promise, this promise is intended to be binding on any future owner, assignee or exclusive licensee who has been given the right to enforce any Necessary Claims against third parties.

1.3. Termination. All rights, grants, and promises made by me to you under Section 1 are immediately terminated if you or your agent file, maintain, or voluntarily participate in a lawsuit against me or any person or entity asserting that its Decoder Implementation infringes Necessary Decoder Claims or its Encoder Implementation infringes Necessary Encoder Claims, unless that suit was in response to a corresponding suit regarding a Decoder Implementation or Encoder Implementation first brought against you. In addition, all rights, grants, and promises made by me to you under Section 1 are terminated if you or your agent seek to license Necessary Decoder Claims for Decoder Implementations or Necessary Encoder Claims for Encoder Implementations on a royalty-bearing basis. This Agreement may also be terminated, including back to the date of non-compliance, because of non-compliance with any other term or condition of this Agreement.

1.4. Bankruptcy. Solely for purposes of Section 365(n) of Title 11, United States Bankruptcy Code and any equivalent law in any foreign jurisdiction, this promise will be treated as if it were a license and you may elect to retain your rights under this promise if I (or any owner of any patents or patent applications referenced herein), as a debtor in possession, or a bankruptcy trustee, reject this non-assert.

2. Patent License Commitment. On behalf of me and my successors in interest and assigns, I agree to offer alternative reasonable and non-discriminatory royalty-bearing licensing terms 1) to my Necessary Decoder Claims solely for your Decoder Implementation and 2) to my Necessary Encoder Claims solely for your Encoder Implementation.

3. Past Skype Declarations. You may, at your option, continue to rely on the terms set forth in Skype’s past declarations made to IETF for the Opus Audio Codec, subject to the terms of those declarations and in lieu of the terms of this Agreement solely for the patents set forth in those declarations.

4. Good Faith Obligation. I agree that I have not and will not knowingly take any action for the purpose of circumventing my obligations under this Agreement.

5. Disclaimers. I expressly disclaim any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to the Decoder Specification or Reference Implementation. The entire risk as to implementing or otherwise using the Decoder Specification, Decoder Implementation, Reference Implementation, or Encoder Implementation is assumed by the implementer and user. IN NO EVENT WILL ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. All of my obligations under Section 1 and 2 regarding the transfer, successors in interest, or assignment of Necessary Claims will be satisfied if I notify the transferee or assignee of any patent that I know contains Necessary Decoder Claims or Necessary Encoder Claims of the obligations under Sections 1 and 2. Nothing in this Agreement requires me to undertake a patent search.

6. Definitions.

6.1. Agreement. “Agreement” means this document, which sets forth the rights, grants, promises, limitations, conditions, obligations, and disclaimers made available for the particular Specification.

6.2. Control. “Control” means direct or indirect control of more than 50% of the voting power to elect directors of that corporation, or for any other entity, the power to direct management of such entity.

6.3. Decoder Implementation. “Decoder Implementation” means making, using, selling, offering for sale, importing or distributing any conformant implementation of the Decoder Specification 1) only to the extent it implements the Decoder Specification and 2) so long as all required portions of the Decoder Specification are implemented.

6.4. Decoder Specification. “Specification” means draft-ietf-codec-opus-10 specification.

6.5. Encoder Implementation. “Encoder Implementation” means making, using, selling, offering for sale, importing or distributing a 1) software implementation that produces a bitstream that can be decoded by a Decoder Implementation, and 2) where the purpose of the Encoder Implementation is to produce a bitstream for decoding by a Decoder Implementation.

6.6. I, Me, or My. “I,” “me,” or “my” refers to the party making this declaration, and any entity that I Control.

6.7. Necessary Decoder Claims. “Necessary Claims” are those patent claims that a party owns or controls, including those claims acquired after the date of this declaration, that are necessary to implement the required portions (including the required elements of optional portions) of the Decoder Specification that are described in detail and not merely referenced in the Specification.

6.8. Necessary Encoder Claims. “Necessary Encoder Claims” are those patent claims that a party owns or controls, including those claims acquired after the date of this declaration, that are necessarily infringed by the Reference Implementation.

6.9. Reference Implementation. “Reference Implementation” means the reference encoder version in draft-ietf-codec-opus-10 as published by the IETF Codec Working Group as of October 31, 2011.

6.10. You or Your. “You,” “you,” or “your” means any person or entity who exercises patent rights granted under this Agreement, and any person or entity you Control.

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Attribution: This patent grant is based on the Open Web Foundation Agreement 0.9, available at http://www.openwebfoundation.org/legal/the-0-9-agreements---necessary-claims/agreement-09.

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: Peggy Moloney
Title: Program Manager
Department: Corporate Standards Group
Address1: One Microsoft Way
Address2: Redmond, WA 98052
Telephone: 206-707-1911
Fax:
Email: stdsreq@microsoft.com
VIII. Other Notes:
No information submitted