11-5-13
Delaware Radio Technologies and Wyncomm have filed a patent infringement lawsuit against most of the large broadcasters that are now using HD radio. While any lawsuit has to be taken seriously, many affected by this suit say this is S.O.P. for entities, also known as patent trolls, to file a lawsuit and hope for a settlement, rather than an injunction to stop the technology. Broadcast attorney John Garziglia tells Radio Ink the patents appear to relate more to using copper wire for telephone modems than they do to HD Radio.
The suit claims, "defendant, including its affiliates, has directly infringed and continues to directly infringe, both literally and under the doctrine of equivalents one or more claims of the '866 Patent through its transmission of radio broadcasts using HD radio transmission techniques further described in the IBOC Digital Radio Broadcasting Standard." iBiquiity CEO Bob Struble tells Radio Ink, We are aware of the lawsuit and are in close communication with the effected broadcasters on the issue."
We reached out to attorney Bill Ragland, from the law firm Womble Carlyle Sandridge & Rice in Atlanta for comment. Ragland specializes in patent litigation and we asked him what broadcasters should do if they are broadcasting on HD channels.
Ragland (pictured left) says it's too soon to tell whether DRT and Wyncomm will sue or demand license fees from small broadcasters. "If a broadcaster does receive notice of a lawsuit or even a demand letter, they should consider contacting an attorney with patent litigation experience. Like the patents involved in the MAD lawsuit, the three patents asserted by DRT and Wyncomm are quite old. Two of the DRT/Wyncomm patents expire on November 15, 2013 and the other one expires in June 2014. It is not unusual for so-called ?patent trolls? to file suit when the term of the patent is nearly over. In such cases, the patent holder seeks royalties from the alleged infringement rather a court order stopping the alleged infringement. DRT and Wyncomm have not sought an injunction prohibiting the broadcasters it sued from using the equipment at issue."
Radio companies named in the suit include Cumulus, Townsquare, Univision, Beasley, CBS Radio, Clear Channel, Cox, Entercom, Entravision, Greater Media, Hubbard, Radio Disney, Radio One and Saga.
(11/6/2013 7:31:17 AM)
Sounds like Wyncomm has a very strong case. If they win, I wonder if the settlement would extend to any new HD Radio stations in the future. Let's say that Brazil converts to HD, could Wyncomm sue them too? This is very bad news for iBiquity and any future for HD.
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