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Judge to Decide Next Step in HD Patent Suit

Wyncomm, DRT ask judge to deny broadcaster’s request to consolidate 14 suits

An attempt by 14 radio broadcast groups to unite efforts to fend off a patent infringement lawsuit targeting their HD Radio data and voice transmissions is facing a new challenge. Wyncomm and an affiliated company, Delaware Radio Technologies LLC, in court filings have asked a federal judge to deny a request by broadcasters to consolidate 14 separate lawsuits so the case may proceed.

HD Radio developer iBiquity Digital Corp. filed suit in July against Wyncomm and DRT claiming the patents in question are invalid. Broadcasters then requested iBiquity, as the developer and seller of HD Radio technology, go first with its suit to determine the validity of three patents at the center of the lawsuits.

Judge Gregory Sleet will decide whether the broadcasters can consolidate their cases and then be granted a stay while the iBiquity suit continues forward.

Wyncomm says in its most recent court filing, “Defendants provide no cognizable reason why the cases against the defendants should not proceed,” and asked the judge to deny the broadcasters’ request.

The broadcasters named as defendants are Beasley Broadcast Group, CBS Radio, Clear Channel parent CC Media Holdings, Cox Media Group, Cumulus Media, Entercom, Entravision, Greater Media, Hubbard Radio, Radio Disney, Radio One, Saga, Townsquare Media and Univision.

The two plaintiffs first filed suit against the radio broadcasting companies in November 2013, alleging the broadcasters are infringing on three patents it owns, including patent # 5,506,866 entitled “Side-Channel Communications in Simultaneous Voice and Data Transmission.” All three patents have since expired.

Previous attempts by Radio World to contact Wyncomm and DRT for comment have been unsuccessful.