There are two questions here: Are FhGs patents valid, and does the inclusion of their technology in MPEG put limits on their ability to enforce patents?
For the second, no; under the agreement through which they made the technology available to MPEG they are allowed to pursue their patent claims. The first is a more difficult question. There is serious question and little precedent in many countries surrounding software patents. I have not looked at the specific claims made in FhG’s patents; there may or may not also be issues of prior art that impact on the question. It is not possible to say definitively that their patents are valid; however, if I were to go into business, I would definitely err on the side of caution in such a matter.
