A CMOS sensor consists of various components at each photosite to process the signal. The design of many of those components will be patented.
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Ray, as I indicated before
1) Sony already has the technology to make good DSLR sized photo-sites, in both CMOS and CCD. In fact Sony is making CMOS photosites slightly smaller than anything from Canon: 5.5 microns in the D2X and D2Xs vs 5.7 microns in the 400D, and 7.2 to 8.2 in Canon's FF models. I have not compared per pixel performance between the D2Xs and the 400D, have you?
2) A Sony/Nikon 24x36mm format sensor would probably have larger photo-sites that the D2Xs, as that 5.5 pixel pitch would give about 30MP, beyond what is generally expected at the next generation of Canon FF. Indications are that 30MP would be too far for Canon to go with its next FF model, at it would likely over-reach the resolution limits of many Canon lenses. (Not to mention rather uncomfortable upper limits on the DOF possible at apertures big enough to limit diffraction adequately and thus get the full 30MP worth of detail.)
... it's not going to be good enough to simply use the same processes and designs, but with larger photosites. They'll have to bestow a usable ISO 6400 capability on a pixel no larger than a D2X pixel, just to catch up with Canon.
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Firstly, the point about needing "pixels no larger than a D2X pixel" is not true as explained above: pixel pitch of about 7.2 microns wold be enough to "catch up with Canon" as far as current offerings, and I very much doubt that the next generation of 24x36mm sensors will have pixel pitch as small as the 5.5 microns of the D2X.
Secondly, talk about needing good ISO 6400 performance is taking the high ISO obsession to an extreme. Larger formats in particular are far more about high resolution and good dynamic range at low to moderate ISO than handing extremes of sensor underexposure (low light, high shutter speed shooting). Even Canon persists in making its high ISO, high frame models in formats smaller than 35mm, like the new 1D MkIII. And even the 20D, 30D and D200 offer higher frame rates than any FF model.
If Nikon goes to a format larger than DX, I envision it being for the type of photography served by the 1Ds series. (How often do you feel the need for ISO 6400 at apertures f/2.8 or bigger? At smaller apertures (higher f-stops) than that, the big format, big pixel noise advantage is illusory).
Thirdly, referring back to the comparison of the D2X's 5.5 micron photo-site design from several years ago to Canon slightly larger and more recent 400D photo-sites, how much of a high ISO performance gap is there? (Actually, I interested to see how Panasonic goes in pushing the limits of noise levels, highlight headroom and dynamic range with its new 4/3" format nMOS sensors with 4.7 micron pixel pitch. The nMOS design supposedly allows larger electron wells than CMOS at the same pixel pitch, helping to allow smaller pixel spacing. For some time now, Canon CMOS has had the largest minimum pixel pitch, for whatever reason.
I'm assuming here, of course, that the successors to the 5D and 1Ds3 will have increased pixel count and be at least as good as the 1D3 in terms of low-noise/high-ISO capability.
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I do not see much basis for that.
The 1DMkIII pixel size is the same as in the 1DsMkII, so going beyond the current 16.5MP of the 1DsMkII would require smaller pixels than the 1DMkIII. In particular, to be consistent with your above talk about Nikon needing pixels no larger than 5.5 microns, you should surely be looking at that same pixel pitch from Canon, meaning photosites about half the area of those 1DMkIII. Why should we expect that Canon will anytime soon be able to go so far below 1DMkIII pixel size while still matching the 1DMkIII in terms of low-noise/high-ISO capability?