Plaintiff Battles Radio Companies' Motion To Consolidate 14 HD Radio Patent Infringement Suits
September 4, 2014 at 4:31 AM (PT)
DELAWARE RADIO TECHNOLOGIES and WYNCOMM, LLC have responded to the motion by 14 radio companies to consolidate all of the individual patent infringement cases filed against them over HD RADIO into one suit, telling a DELAWARE court that consolidation of the 14 cases and a stay based on iBIQUITY DIGITAL's JULY Complaint for Declaratory Judgment are not proper.
DRT and WYNCOMM assert in the response that the 14 defendants are not "resellers" but rather "direct infringers," buying equipment from third parties to broadcast HD RADIO and not from iBIQUITY itself, and thus ineligible for a stay to see if iBIQUITY prevails. The plaintiffs also say that they will be damaged by a delay and would have to prove direct infringement, turning the case "into a pure exercise of third-party discovery."
The suits were filed against BEASLEY, CBS RADIO, CLEAR CHANNEL, COX, CUMULUS, ENTERCOM, ENTRAVISION, GREATER MEDIA, HUBBARD, RADIO DISNEY, RADIO ONE, SAGA, TOWNSQUARE, and UNIVISION.