Nielsen sues VideoAmp again, just days after previous case was dismissed

Nielsen didn’t wait long to revive its patent fight with VideoAmp. Just two days after a federal court dismissed its initial lawsuit, the measurement giant filed a new one on April 2 in Delaware. The patent covers the use of mobile phone location data for measuring out-of-home TV viewership—an approach VideoAmp introduced into the market late last year. Nielsen uses a different device and method—portable and wearable “Portable People Meters”—for out-of-home measurement. The same court on Monday dismissed a different patent covering methods of obtaining, modeling and analyzing TV tuning data from multiple devices, saying in a written opinion that it appeared “directed to an abstract idea and fails to recite an inventive concept.” In January, the Patent Trial Appeals Board (PTAB) invalidated most claims in another Nielsen patent that’s the subject of another suit against rival TVision. Data-Driven Marketing Playbook Join us May 22 in NYC to explore how data powers marketing Learn more here That case continues as Nielsen appeals the PTAB ruling, but so does an antitrust counterclaim against Nielsen by TVision based in part on the allegation that the dominant player in TV measurement uses unfounded patent litigation to hamper smaller rivals. The new Nielsen lawsuit against VideoAmp brings the total number of patent lawsuits the company has filed against rivals since 2021 to 10. Four have been dismissed, not counting the TVision suit, where most patent claims were invalidated by the PTAB. “The timing of this comes as no surprise on the heels of their prior claim being dismissed earlier this week,” said a VideoAmp spokeswoman. “It is another desperate lawsuit from Nielsen that we believe is intended to stifle innovation and competition by burdening growing companies with distraction and a drain on resources. These tactics will not slow us down, we will continue to deliver superior technology and offer optionality to our clients.” Nielsen in a statement wrote that the company is “the top innovator in audience measurement solutions” and that the patent in the latest lawsuit, while granted last August, was a continuation of patent applications dating to 2013, a year before VideoAmp was founded. “Nielsen welcomes competition in the marketplace, but marketplace participants should use their own technology, not use Nielsen's hard-earned intellectual property without authorization,” according to the statement. “As is standard business practice, Nielsen will continue to vigorously defend our intellectual property rights to the fullest extent possible.” Media measurement blog Tracking TV, social and digital updates Click here

Nielsen sues VideoAmp again, just days after previous case was dismissed

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