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Intel Fires Back at Philips HDCP Patent Suit

Intel denies “each and every” Philips allegation its video processors infringe high-bandwidth digital content protection (HDCP) patents and that it violated 1974 Trade Act Section 337 when it imported the components into the U.S. (see 2011190048), said the chipmaker Friday…

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in docket 337-TA-1224 at the International Trade Commission, responding (login required). The HDCP patents are “unenforceable” due to Philips’ “inequitable conduct,” said Intel. Philips and its “prosecuting agent,” Michael Epstein, published an “open copy protection system” (OCPS) proposal more than a year before filing its first HDCP patent application, it said. The OCPS proposal was “material to the later prosecution and examination” of the patents, said Intel. Philips and Epstein failed to disclose “this material prior art” to the Patent and Trademark Office, it said. “The most reasonable inference is that Philips’ failure to disclose such material prior art during prosecution was an intentional fraud” on the PTO, it said. Philips didn’t respond to questions Monday. Epstein’s LinkedIn profile identifies him as Philips’ director-standardization. Attempts to reach him were unsuccessful.