Nielsen’s patent lawsuit against VideoAmp dismissed

A Delaware federal court dismissed Nielsen’s patent infringement lawsuit against VideoAmp today, the second setback the dominant TV measurement player has had in court since early this year. A Nielsen spokeswoman said the company is reviewing the judge’s order. The company is appealing a review panel’s invalidation on Jan. 6 of most claims in another patent involved in a suit against another rival, TVision. Also read: What Nielsen’s big data shift means for the upfronts Data-Driven Marketing Playbook Join us May 22 in NYC to explore how data powers marketing Learn more here In a written opinion dismissing the suit against VideoAmp, Delaware U.S. District Court Judge Richard G. Andrews said the first claim of the Nielsen patent, which appeared representative of other claims, “is directed to an abstract idea and fails to recite an inventive concept.” The patent covered methods of obtaining, modeling and analyzing TV tuning data from multiple devices. The dismissal brings to four the number of dismissals of nine patent lawsuits Nielsen has brought against rivals since 2021. Media measurement blog Tracking TV, social and digital updates Click here In a fifth suit, TVision, which provides panel support for VideoAmp and fellow Nielsen rival iSpot.tv, won an inter partes review before the Patent Trial and Appeal Board. That lawsuit remains alive pending Nielsen’s appeal of the PTAB decision. But the U.S. District Court for Delaware also has allowed TVision’s antitrust counterclaim against Nielsen in that case to continue. The counterclaim, based in part on allegations that Nielsen uses unfounded patent lawsuits to burden smaller rivals, has proceeded to discovery, though Nielsen has a pending motion to dismiss it. The VideoAmp lawsuit was dispatched in 14 months, though Nielsen still could appeal the dismissal. Two other Nielsen patent lawsuits against TVision also have been dismissed, as has one of three lawsuits against HyphaMetrics, another panel provider that works with Nielsen rivals. “This decision proves Nielsen’s claims were unfounded,” VideoAmp said in a statement. ”VideoAmp is focused on driving true innovation with our data-driven, tech-first approach to audience measurement – not attempting to stifle competition by unnecessarily litigating invalid patents.”

Nielsen’s patent lawsuit against VideoAmp dismissed

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