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DigiMedia Asks Judge to Jumpstart Patent Case

Appears selected patents upheld by USPTO, suit can move forward says DigiMedia lawyer

DigiMedia is trying to get its patent infringement case against several radio groups concerning digital media storage and automation going again.

In a letter this week to U.S. District Court Judge Leonard Stark, DigiMedia attorney Sean O’Kelly urges the judge to lift the stay and allow litigation to proceed.

A July 8 filing from the U.S. Patent & Trademark Office obtained by Radio World seems to indicate that patent examiner Alexander Kosowski has decided claims 1–3 and 6–8 are “confirmed and/or allowable” while claims 4, 5, 9 and 10 have been cancelled.

Kosowski writes that claim 1 “is confirmed over the prior art that was explained in the request and determined to raise a substantial new question of patentability.” Claim 6 is also confirmed, he wrote.

The case has been stayed since November 2011 and there have been two patent reexaminations since then.

O’Kelly tells the judge that no other reexaminations are requested nor pending.

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