Your browser is out-of-date!

Update your browser to view this website correctly. Update my browser now


Patent Infringement Suit Likely to Proceed

Attorney who’s been following the case says a lot hinges on whether surviving claims are commercially significant

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.