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Top 10 Industry Trends
Trend #4: Standardization
History
To say that the practice of
standardization of connectors has changed dramatically since the 1980s
is an understatement. In the ‘80s, there were only a few organizations
involved in connector standardization. The IEC (International
Electrotechnical Commission) was the primary standardization
organization at the international level.
At the national level, the EIA (Electronic Industry Alliance) and the
military (MIL Standards) were the major players. For the most part, the
standards were for connectors for specific applications, such as printed
board connectors, or by type, such as circular connectors. In addition
to such “formal” standardization, some connector suppliers and some
connector users released product specifications. These product
specifications contained much of the same information as the standards
and served a similar purpose, but without the “authority” of the formal
standards. They were, however, available in a timelier manner than the
formal standards.
The formal standardization process, specification drafting, and
review/approval tended to be slow due to the consensus requirements used
in their development.
Today
Contemporary connector
standardization differs substantially in at least two major ways:
There are several aspects to the first
bullet. The number of organizations producing standards, including
connector companies, has increased dramatically. Within the computer
industry alone, VITA (VME Industry Trade Association), PCISIG
(Peripheral Component Interconnect Special Interest Group), PICMIG (PCI
Industrial Computer Manufacturers Group), and others are producing
specifications, including connectors. All three of these organizations
are consortiums, with hundreds of members representing all aspects of
computer technology. The content of the specifications produced by these
organizations is highly technical from the systems viewpoint, and
specific, with respect to the requirements that must be satisfied by the
“selected” connectors. The word “selected” includes the selection of
existing connectors, when possible, and the definition of requirements
for connectors to be developed for specific applications.
Greater
Complexity
The
fact that “these organizations are consortia with hundreds of members”
means that there are more people participating in, and complicating, the
consensus process at the heart of standardization. The fact that the
technical content of standards is increasingly more complex means that
the “standards guy” needs more technical support, often in real-time
rather than off-line. The fact that the standard may involve the
design-in of a set of requirements rather than a connector means that
increased support from the product development department of the
connector manufacturer may be necessary. The combination of these
factors means more personnel and time are required for a connector
manufacturer to effectively participate in the standardization process.
Timeliness
Despite all these factors,
connector standards are being produced in a timelier manner. The driving
force behind this success is the shorter product life cycles of many
computer and electronic products. A three- or four-year standards
development process is incompatible with a product lifetime/revision
rate of one or two years. Three factors contribute to this reduced
standardization time:
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First, communications
technology, teleconferencing, and email document transfer greatly
enhance the standards development process.
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Second, the quarterly or
semi-annual standards meetings of old have been supplemented, if not
replaced, by weekly or semimonthly teleconferences. Again, this
means a greater time commitment by the participating personnel.
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Third, the requirements
for introducing a product for standardization have been updated to
permit a requestor to begin with a proposed final draft at the
introduction stage. Such a draft may have been prepared in advance,
as the market to be served was seen to be emerging, and when well
implemented by the requestor, can significantly reduce the drafts
needed to arrive at a final draft specification.
Intellectual
Property Issues
The
successful accommodation of these systematic and procedural changes may
be tested by a new development in the standardization arena. This
broadened scope in products, technologies, and
membership of many
standards developing organizations have made the issue of patents or
intellectual property rights (IP) more complex and difficult.
Overlapping products and technologies make overlapping patents more
likely and complicate both concerns for infringement and licensing, in
some cases multiple licensing of IP. This complexity brings at least two
issues to the foreground of standardization: essential patents and
licensing terms and conditions. An essential patent is a patent that has
at least one claim that is necessary to the implementation or practice
of a standard. The owner of an essential patent may seek royalties or
licensing fees as compensation for the use of the claimed invention.
This means that a standards developing organization must be aware of any
essential patents and potential royalty/licensing issues during the
standards development process in order to estimate the impact of such
costs on the market for the standard. Concerns about these issues have
created significant problems for standards development in recent years,
giving rise to an increasing amount of attention being paid to possible
solutions or resolutions to these issues.
IP Solutions
One potential solution
is to introduce ex ante disclosure procedures into the
standardization process. Ex ante to economists and antitrust lawyers
describes discussions of licensing terms that occur "beforehand" in the
standard setting process, as compared to ex post, or
“afterwards.” “Beforehand” refers to some point before the adoption of a
standard. The point at which disclosure is expected and the content of
the disclosure will be defined by the standards developing organization.
The significance of ex ante disclosure is that the royalty or
licensing cost information provided can be taken into account during the
development of the standard to enable selection of the most
cost-effective IP option.
Existing ex ante disclosure practices vary among standards
developing organizations. Many “encourage” disclosure of essential
patents; some “require” such disclosure. Licensing terms and conditions
however, are generally not included in the disclosure except in terms of
a FRAND (Fair Reasonable and Non-Discriminatory) framework, and
are even prohibited by some organizations. This wariness, with respect
to disclosure of licensing terms and conditions, is due to concerns
about violating antitrust laws. Such wariness however, may also result
in non-disclosure of essential patents and meaningful discussion of
licensing terms and conditions during the standardization process. If
essential patents are disclosed after the standard is released, along
with a licensing requirement, such disclosure is termed “patent ambush.”
In the absence of ex ante discussion, ex post licensing
terms and conditions that prove onerous are referred to as “patent
hold-up.” Finally, multiple patent licensing requirements, due to the
increasing patent overlap in standards development, can also introduce
unexpected costs to the standard. These IP issues have been a focus of
concern and discussion among many standards-developing organizations, as
well as within ANSI (American National Standards Institute), the
accrediting organization for standards development activity in the
United States.
Given
this brief review of ex ante, we can look to recent events in the
standards world that will directly impact connectors and connector
technology. Just over a year ago, the IP playing field was dramatically
altered by the introduction of explicit ex ante IP disclosure
practices to the standardization policies of VITA, and later, by IEEE SA
(Institute of Electrical and Electronic Engineers Standards
Association). The new IEEE SA policy, in addition to clarifying legacy
and affiliate issues, membership responsibilities, and disclosure
requirements, provides an opportunity for discussion of FRAND (Fair
Reasonable and Non-Discriminatory)
terms by explicitly permitting patent holders to commit to specific,
not-to-exceed licensing rates, as well as to define licensing terms. The
new VITA IP policy not only requires disclosure of IP details, it also
introduces policies with respect to the timing of such disclosures and
consequences for failure to meet disclosure obligations. The
implementation plan for VITA’s revised patent policy stipulates at least
five points in the development process where IP disclosures are
required, beginning with the initial submission of a specification for
consideration, and ending with the distribution of the final draft
specification for voting. Consequences for failure to disclose include
the granting of a royalty-free license on IP essential to the
specification, as well as other limitations in the VITA patent policy.
Anti-Trust
Compliance
Given the previously
mentioned antitrust concerns about detailed IP licensing disclosures,
both VITA and IEEE solicited the Department of Justice (DOJ) for
business review letters on their proposed policies. The Antitrust
Department of DOJ analyzed the details of each proposal and examined the
expected competitive benefits of the proposal against its potential to
restrain competition. The DOJ response was to “not oppose” the
proposals. While not an “endorsement” of the proposals, these business
review letters, and subsequent comments from the Chair of the Federal
Trade Commission, indicate the general sense of the DOJ/FTC position on
ex ante as practiced in these two cases. The phrase “cautious
optimism” comes to mind to describe this expression of the DOJ/FTC
support for ex ante policies in standards developing.
Additional support comes from the fact that ANSI has re-accredited both
IEEE and VITA subsequent to their incorporation of their new IP
policies. The ANSI IP policy is less demanding than the new VITA policy,
being basically the “disclose and agree to license” policy mentioned
previously. In this light, the ANSI re-accreditation of VITA appears
supportive of the VITA policy.
While
a case can be made that the VITA approach to ex ante (early
disclosure and consequences for non-disclosure) provides benefits to the
standardization process by ensuring that the technology needed will be
available by speeding up the development process and providing insight
into potential costs of licensing, and therefore, to consumers, it does
introduce at least three issues for those disclosing IP during the
standardization process. First, a participating company may have a large
number of patents, and the participating member for that company may not
be aware of all company IP that could be interpreted as essential to the
standard under development. Does such a lack of knowledge imply
non-disclosure? IEEE raised this issue in its request to the DOJ for a
Business Review Letter, due to the broad scope of standardization areas
covered by IEEE. Second, disclosure of current product developments,
within a company that are patentable and potentially essential to the
subject standard, could compromise the patentability of the new product.
Third, additional support from the Legal Department may be warranted due
to the uncertainty connected with ex ante disclosures at this
point. The first issue may be resolved by “due diligence” search
criteria. In fact, the VITA implementation plan does include a section
titled “Good Faith and Reasonable Inquiry Obligation.” The second issue,
while certainly not new to the standardization process, is more
problematic given disclosure requirements and consequences, and could
influence participation in the standardization process or, after the
standard issues, lead to claims of “patent ambush.”
The IEEE and VITA incorporation of strengthened ex ante policies,
following DOJ/FTC review and ANSI reaccredidation, are significant steps
forward along the road to more effective ex ante utilization in
standards development. It is to be expected, however, that there will be
challenges to ex ante requirements and to consequences for
non-disclosure. The outcome of those challenges will lead to better
definitions of the uses and limitations of ex ante.
Connector
Industry Implications
Industry
standardization is one of the major engines that drive the electronics
industry and connector unit volume growth. Without a major
standardization effort, the connector industry would be smaller and more
“proprietary,” with numerous product niches and far less
interoperability.
Regulatory Standards:
Not addressed
previously are regulatory standards, which have increased recently as a
result of environmental and equipment disposal requirements being
imposed by world-governing bodies. Among them, and undoubtedly the most
significant, are the EU imposed RoHS hazardous substance/lead-free
regulations, and EU's next initiative, REACH (Registration, Evaluation
and Authorization of Chemicals). RoHS has had a significant impact on
the connector industry, which is shifting from tin-lead to tin-plated
leads on 75 to 80 percent of its connector products. This initiative
does benefit the environment, but has cost the industry millions of
dollars during the transition.
Electronic Equipment:
The electronic equipment industry learned the benefits of
standardization in the 1980s and 1990s. It gradually shifted from
proprietary interfaces designed to keep competition out, to industry
standards that brought competition in, and unleashed an unparalleled
flood of new products, new companies, and as a result, greater industry
volume (i.e., everyone benefited). Now, the competition is global, but
experience has shown that volume growth is benefiting all.
One major early
example of this open systems/standards process was the IBM defacto PC-AT
initiative, which essentially designed personal computers around open
card cage architecture. Later, Intel took charge and further perfected
PC designs with a textbook standardization
of motherboards, memory, buses, IO standards, and many connectors—some
defacto, others industry standards. This drove industry volume, and not
incidentally, resulted in hundreds of millions of Pentium processors and
chip sets being sold. At the same time, Apple Computer chose to remain
proprietary in hardware (not software). The result, until recently, was
that Apple had lost its lead and became a niche player in the PC market.
Now Apple’s move to Intel architecture and its pre-eminent industrial
design have brought it back into the mainstream.
Connectors + Connector Balancing Act:
Arguably, connector applications are a key physical embodiment of
standardization, since the connector provides a multi-vendor device,
board, subsystem, and system and network interconnection. Connector
companies have, to some extent, resisted industry standardization for
sound business reasons relating to their own IP and the bottom line,
rather than to industry growth. Standardization to some equates to
commoditization and a threat to their pricing power and profitability.
Plus, there are still many niche applications in this extremely broad
and diverse industry. Many connector companies thrive in these
applications. Some would have a difficult time competing in a more open
standardized world, and have been victims (or beneficiaries) of industry
consolidation. Thus, from the connector industry perspective, there are
pluses and minuses to this multi-industry, multi-faceted standardization
process.
Application-specific connectors provide
benefits and many companies thrive in these applications:
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In many cases, the best
customer solution is a custom or semi-custom connector design.
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Specific designs involve
specialized applications, ergonomics, electrical, and environmental
considerations.
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Often a specific design is
best for OEM manufacturability and installed cost.
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Industry standards = more
competitors, less pricing power, and a globally competitive
environment.
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The trend to diminish IP
can result in “the lowest common denominator” (i.e., “just good
enough”).
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Unquestionably drive
volume growth and application expansion.
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Industry standards are
most appropriate in multi-vendor, multi-system equipment
applications.
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Industry standards make
maintenance and repair easier and less costly.
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Industry standards are
best for the consuming public, greatly reducing interconnect
complexity.
Examples of Connector
Standardization:
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IO Connectors: VGA, DVI,
HDMI, USB, IEEE1394, IEEE802.3/RJ45, RCA Jacks, and DIN.
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PC Card Connectors:
PCMCIA/Cardbus.
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Memory Card Connectors:
SD/MMC, Transflash/Mini-SD, XD Card.
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SIM Connectors: Subscriber
Interface Module that drives GSM mobile phone interoperability.
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Device IO connectors: IDE/PATA,
Serial ATA, SCSI, FibreChannel, GBIC/SFP device interface.
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Bus Connectors: PCI, PCIe,
Infiniband, VME, Compact PCI/Eurocard.
Defacto Standards:
AMD/Intel processor sockets, cross-licensed backplane connectors, and
many other applications where it behooves the original inventor to
cross-license its technology—either on its own initiative or at the
insistence of customers.
Also, some industries are more, others less, enamored with the benefits
of standardization. We think this is because certain industries have a
few major leadership companies who have a vested interest in overall
industry growth, or the applications have an undeniable need for
interoperability.
Some other industries are more fragmented, more protective, or have
particular cultural application or reliability requirements that dictate
more custom interconnect designs. Examples of more standardized
connector markets include:
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Computer and
peripheral equipment.
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Telecommunications
equipment, customer premise, and handset I/O.
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Consumer electronics
(I/O connectors, not necessarily internal/PCB connectors).
Examples of less standardized connector markets include:
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Automotive, except
entertainment, plus some multi-vendor wire size standardization—more
to come.
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Industrial—PCI, VME bus,
Ethernet are standard, but connector designs vary by vendor and
application.
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Medical electronics and
medical device industry.
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Military/Avionics—except
as influenced by MIL-specs or COTS (commercial-off-the-shelf).
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Regions, e.g. Japan and
the EU, where culture, market niches, and types of applications
promote specialization.
Other Connector Issues:
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Costs of participation in
standards development will increase—from increased personnel
involvement to more technical and legal support.
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Increasing customization
of connector requirements in standards provides an opportunity for
new product development in emerging markets.
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Potential effects of ex
ante are mixed. Licensing terms and conditions may become more
competitive when more than one connector is being considered for a
standard. This may be counterbalanced by enhanced communication to
facilitate second sourcing decisions.
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Potential effects of ex
ante may become an important consideration in product development.
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To be, or not to be a
standards player—if yes, how much energy is devoted to an
increasingly global and complex standards process? If no, how do you
stay on the radar screen with your own special application connector
products and customers?
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