As we reported earlier this week, Digimedia (f/k/a Mission Abstract Data) had asked the judge presiding over its Delaware patent infringement case against a number of broadcasters to lift the longstanding stay on that case. The judge in turn asked the broadcasters to respond to that request. The broadcasters have now done so . . . and we figured our readers would be interested in seeing what they had to say. Here it is.
Essentially, the broadcasters seem eager to get the case moving, too – because they apparently figure that the USPTO’s actions, and the passage of time, have largely gutted Digimedia’s case. The letter lays out a reasonably clear path forward – a path which takes the broadcast defendants directly to No-Liability-Ville. Of course, whether the case eventually follows that path remains to be seen but, as we ourselves (who aren’t patent lawyers, mind you) mentioned in our post last March, the mere fact that Digimedia may have obtained some kind of ruling from the USPTO does not necessarily mean that Digimedia can or will prevail in its lawsuit. There are still plenty of questions to be answered, and the broadcasters’ letter suggests that the answers aren’t likely to be helpful to Digimedia.
We’ll try to keep you updated as developments warrant. In the meantime, we remind any of our readers who may have been approached by Digimedia to be sure to run all this past knowledgeable patent counsel before deciding how to proceed.