Анатолий Лагошин
Технический директор
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The phrase has emerged as a critical concept in tech licensing circles. It refers to a fundamental, yet often misunderstood, principle of patent law applied to standard-essential patents (SEPs): A technology is legally presumed not to infringe a patent until a court proves otherwise.
For now, HEVC remains the dominant codec for 4K video. But its legal landscape serves as a cautionary tale: when a standard is built on thousands of unverified patent claims, the presumption of innocence offers little practical protection. In the video codec wars, it is better to be licensed than to be presumed right. presumed innocent hevc
When a patent holder demands a royalty of, say, $1.00 per device, the implementer is presumed to be acting in good faith if they offer a lower amount (e.g., $0.20) based on comparable licenses. The implementer is not a "willful infringer" simply because they reject the initial offer. They are innocent of bad-faith negotiation until proven otherwise. The phrase has emerged as a critical concept
Here is why that presumption is vital—and why HEVC makes it so precarious. HEVC is a standard developed by a joint collaboration (ITU-T and ISO/IEC). To implement it, a company must use hundreds of individual patents owned by dozens of different entities—including Samsung, Apple, Ericsson, and GE. But its legal landscape serves as a cautionary
In the world of digital video compression, few acronyms have sparked as much legal and commercial controversy as HEVC (High Efficiency Video Coding, also known as H.265). While consumers know it as the technology enabling 4K streaming on Netflix and efficient Zoom calls, manufacturers and software developers know it as a potential legal minefield.
Unlike buying a single software license, implementing HEVC is like assembling a jigsaw puzzle where each piece’s owner demands a toll. The problem is that no single authoritative list of "required patents" exists. Patent holders often claim their intellectual property is "essential" to HEVC, but that claim is not legally verified until litigation occurs. Under the laws of major jurisdictions (U.S., Europe, China), a core tenet applies: A company is not infringing a patent simply because a patent holder says so.
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