Eric Burger (eburger@snowshore.com)
Thu, 16 Nov 2000 01:03:02 +0100
The question is not if there is any prior art. The question is if any of
the primary claims in the Philips patent cover any aspect of GSM. If not,
it doesn't matter. If so...
U.S. law is peculiar when it comes to patents. You are deemed to be
infringing UNLESS you can prove otherwise TO A COURT. In addition, the
patent is deemed to be valid UNLESS you can prove otherwise TO A COURT. The
prior art will help your case, but it won't avoid the lawsuit, if the patent
holder thinks they have a case.
The question is whether Philips thinks they have property rights to GSM.
Can't anyone with a big legal staff give them a call? (C'mon Microsoft,
Lucent, Nortel... we know you know and we know they know you know, so it
won't be such a big deal to have your lawyers call Philips' lawyers...)
-- - Eric [7 patents pending; 3 more in the works]> -----Original Message----- > From: owner-vpim@lists.neystadt.org > [mailto:owner-vpim@lists.neystadt.org]On Behalf Of James P. Salsman > Sent: Thursday, November 16, 2000 12:53 AM > To: jutta@mediagate.com > Cc: ietf@ietf.org; vpim@lists.neystadt.org > Subject: Re: [VPIM] GSM 6.10 is public domain; audio/wav needs > registered > > > Jutta, > > Thanks for the information: > > > The patent I've seen investigated in connection with GSM 06.10 > > and Philips is the older 4,932,061 (1990).... > > Interesting. The priority date of that one is 22 March 1985. > The practice of quantizing residual exitation in LPC vocoders was > not novel in 1985. For an example of how people were performing > VQ classification on the exitation residual much earlier, see: > > "Epoch extraction from linear prediction residual for > identification of closed glottis interval", by T. Ananthapadmanabha > and B. Yegnanarayana, in IEEE Transactions on Acoustics, Speech, > and Signal Processing, vol. 27, no.4, pp. 309-19 (1979). > > Certainly the methods of doing such quantization described in the > claims of patent 4,932,061 are novel, because they all explicitly > refer to "perceptually weighting" the exitation residual. However, > GSM 6.10 uses only four quantization vectors and a linear scaling > factor, without any weighting based on non-linear perceptual > modeling, so that particular set of claims do not apply to GSM 6.10. > > It also might be helpful to look at the references in the these > GSM 6.10 descriptions published prior to ETSI's: > > "Evolution of Six Medium Bit rate Coders For The Pan-European > Digital Mobile Radio System", by E. Natvig, in Journal On Selected > Areas In Communications, vol. 6, no. 2, pp 324-34 (1988). > > "Speech Codec for the European Mobile Radio System", by K. Hellwig, > P. Vary, D. Massaloux, and J.P. Petit, in Proceedings of the > ICASSP-88, pp. 227 (April, 1988). > > Cheers, > James > >
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