Patent Infringement Suit Likely to Proceed

An intellectual property attorney says a U.S. Patent & Trademark Office filing clears the way for the judge to set a trial date in a federal lawsuit against several major radio groups.

We reported Mission Abstract Data/DigiMedia is requesting U.S. District Court Judge Leonard Stark lift the stay in place since November 2011 in its patent infringement suit, which targets the digital media storage and automation systems the broadcasters use.

Scott Daniels, an attorney with Westerman, Hattori, Daniels & Adrian LLP, which is not involved with the case, said the USPTO’s Notice of Intent to Issue Reexamination Certificate filed July 8 indicates most of the patent claims are allowable over the prior art asserted in a second reexamination. “This appears to be a victory for the patentee. Whether it actually is a win depends on if the surviving claims are the commercially significant claims — a number of claims were canceled,” Daniels said.

Daniels said in all probability “claims 1 and 6 are the important claims and they survived” the second patent reexamination.

The federal lawsuit, which has been stayed since November 2011 pending the conclusion of several patent reexaminations, targets CBS Radio, Greater Media, Beasley Broadcasting, Cumulus, Entercom and Cox Radio. 

DigiMedia attorney Sean O’Kelly in his letter to the judge indicated no other reexaminations are requested nor pending.

Daniels said it will take several more months for the patent reexamination certificates to be issued.

“The patentee is therefore asking Judge Stark to resume the infringement litigation. And he will,” Daniels said.


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comment replies: I remember the EAS system some years back had a similar issue and it went away. Apparently this one has more traction. Whether the entire government is knowingly bent on over the air destruction, or whether merely the legal system is so incompetent and full of itself as to believe it actually has any ability to discern technical merit, is not pertinent anymore.
By dave burns on 7/23/2013
comment responses: This isn't merely a vulnerable time - this is the *targeted* time, I believe brought by our holy gov't. Broadcast will be eliminated. Why do you think they're so hot on "high speed internet" to every corner of the country?
By dave burns on 7/23/2013
Responses I've received: Perhaps you remember inside the front cover of users manuals, years ago "indemnification" It's gone away. Why are the automators not included. Or are they?
By dave burns on 7/23/2013
Responses I've received: What is the liability or potential liability of our vendors from whom stations purchased automation systems PRIOR to this case coming forward? Do we not have reason to believe that we purchased a system which was ours to use freely under the license from that vendor? We were not expecting any 3rd party software agreements to be placed upon us
By dave burns on 7/23/2013
Responses I've received: Yes, it is truly disgusting. However... when can we start the uproar over iBiquity? Know who *their* major financial partner is?
By dave burns on 7/23/2013
Does anyone have an idea of the toll this will wreak in dollars on large, medium, and small markets? The industry cannot survive without automation from all live to all voice-tracked. What have owners been asked for? Locally, the troll has been working our small market. This looks ominous for radio at its most vulnerable time.
By dave on 7/23/2013

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