Patent Examiner Ruling Favors Broadcasters in MAD Filing
From Radio World
A U.S. Patent and Trademark Office examiner's rejection of patent claims by DigiMedia Holding Group made in a second reexamination is encouraging news for radio broadcasters embroiled in a patent infringement suit, according to a patent attorney familiar with the review process.
"This is a significant blow to MAD, and will probably cause the judge to not lift the stay that is currently in place in the MAD litigation with a number of radio groups," the NAB told its members in a client note.
In an "office action" -- a letter from a trademark examining attorney setting forth the legal status of a trademark application -- USPTO examiner Alexander Kosowski on Dec. 19, 2012, rejected all the patentee's claims during the second reexamination of two patents involving hard-disk automation systems.
The USPTO ordered a second reexamination earlier this year after "prior art" not previously available was presented. Broadcast Electronics, which is not a defendant in the case, filed the original ex parte reexamination request with the United State Patent and Trademark Office.
Patents 5,629,867and 5,809,246 lie at the center of an infringement suit that targets a half-dozen large radio broadcast groups. DigiMedia Holding Group and its associated company, Mission Abstract Data, sued the broadcasters in federal court in March, 2011. A federal judge issued a stay in the related patent infringement litigation until the patent claims are decided, as RW has reported. That stay remains in place.
The vast majority of the latest claim rejections are based on a Digilink Op's Manual revision published in 1992, according to the USPTO documents obtained by Radio World.
"It is not possible to speak confidently about the merits of the rejections without thorough study, but one can say that all the rejections hinge on a single reference, Digilink," said Scott Daniels, an intellectual property attorney with Westerman, Hattori, Daniels and Adrian.
Only if the patent owner can identify new distinctions between its claims and that reference will it likely persuade the USPTO to remove the rejections, Daniels said.
Another option for DigiMedia moving forward is to amend its claims to distinguish them over the prior art, Daniels explained.
"However, the problem with amendment is that it removes the possibility of damages from the time period before the end of the reexaminations," Daniels said.
Acceptable Use Policy blog comments powered by Disqus
[an error occurred while processing this directive]
Today in Radio History
The history of radio broadcasting extends beyond the work of a few famous inventors.
Read each issue online in our Digital Edition Format in your Web browser.
EAS Information More on EAS
The feed provides feeds for all US states and territories.
Need a calendar for your computer desktop? Use one of ours.
Information from manufacturers and associations about industry news, products, technology and business announcements.
A cutting-edge radio and TV broadcast media center brings hope and entertainment to a sixth pediatric hospital.
Browse Back Issues[an error occurred while processing this directive]
Also in the December Issue
- IP Audio Begins Interoperability Journey
- New Tower Construction Update Mainly for the Birds
- The FCC has been busy since the government shutdown in October 2013.
- Applied Technology: HD Voice
- Field Report: iZotope RX3 Advanced
- Side by Side: Portable Recorders
- New Life for Legacy Equipment
- Do You Remember? Gifts of Holidays Past