iBiquity proceeding with counter-suit in HD Radio patent case

gavel canvasAt the end of 2013 a patent lawsuit was brought against HD Radio developer iBiquity, several large U.S. radio groups, and some car manufacturers. Last August, the suing plaintiff, Delaware Radio Technologies (DRT), filed a motion to dismiss iBiquity’s defensive action which sought summary judgment to dismiss the case. Judge Gregory Sleet has reportedly ruled against DRT, and iBiquity’s contention (that the case should be dismissed) will proceed.

Separately, Judge Sleet ruled that the radio groups named in DRT’s lawsuit may withdraw from the current proceeding, group their resources, and be removed from the action of the main case. This decision came from iBiquity’s assertion that it is legally required to indemnify the radio groups from damages resulting from using iBiquity technology. So the radio groups are out of the line of fire for now.

What’s next? If Judge Sleet deems the patent contention without merit, everyone involved goes home. In Judge Sleet’s own words, his upcoming judgment will “either eliminate or crystallize the remaining issues for the Broadcast Defendants litigation.”

Brad Hill