Radio Companies Ask Court To OK Negotiations To Bring Patent Suit To Conclusion
July 26, 2013 at 4:48 AM (PT)
In the wake of a patent examiner's assessment of the plaintiff's patents and the court's subsequent narrowing of the case, attorneys for the radio companies defending themselves in a patent suit by DIGIMEDIA have asked the court to let "the parties confer to discuss the viability of DIGIMEDIA maintaining this suit as well as discussing proposals for an efficient case schedule for the Court."
The letter, from attorney JOHN C. PHILLIPS, JR. of PHILLIPS, GOLDMAN AND SPENCE, P.A. to Judge LEONARD P. STARK of U.S. District Court for DELAWARE, said that because the reexamination of the two patents resulted in two of DIGIMEDIA's claims being canceled and four others being "amended and substantially narrowed," and because DIGIMEDIA is now barred from recovery for any alleged infringement before the issuing of the reexamination certificate in JULY 2012, the parties should be meeting to negotiate an end to the case. "(T)he reexaminations," PHILLIPS wrote, "confirmed that DIGIMEDIA does not hold groundbreaking patents that generally cover all music on hard drive systems, but rather the patents are limited to very narrow and avoidable features of such systems. Any reasonable royalty on DIGIMEDIA patents would be limited to whatever nominal value might exist for the narrow features that secured allowance."
DIGIMEDIA is asserting patents that it claims cover digital music played off hard drives for broadcast. The defendants, including various companies owned by BEASLEY, CBS, COX, CUMULUS, ENTERCOM, GREATER MEDIA, and TOWNSQUARE MEDIA, claim that the patents cover obvious procedures and are negated by prior art.