Broadcasters Face HD Radio Lawsuit

[Radio Ink Buzz Stream]

Delaware Radio Technologies and Wyncomm have filed a patent infringement lawsuit against most of the large broadcasters that are now using HD radio. While any lawsuit has to be taken seriously, many affected by this suit say this is S.O.P. for these entities, also known as patent trolls, to file a lawsuit and hope for a settlement, rather than an injunction to stop the technology. Broadcast attorney John Garziglia tells Radio Ink the patents appear to relate more to using copper wire for telephone modems than they do to HD Radio.

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[tomservo]

Sigh… Another patent troll, looking for an easy payout. I spent more of my time these days around computer and phone tech news and this is nothing new in that arena. Patent trolls are known for going after end users and not the companies that use their so-called "patented technology" because they know it's easier to scare smaller operators out a few thousand dollars than it is to get someone like Apple or Cannon or IBM to roll over and pay out.

In this particular case, the client list is pretty far reaching and includes a lot of heavy hitters like Cox and Disney, so my hopes are that they'll band together to squash this stain on humanity before they collect one cent. Until we see significant patent reform, these sorts of "feelers" will continue to be put out, looking for easy money, from shell companies that neither develop nor actively license their patented products.

If I remember correctly, there's a company out there called Personal Audio that has a patent on arranging music or programs into a grouping and disseminating that information to end users. In other words, a playlist. They've gone after small potatoes podcasters as well as some more well known names like the How Stuff Works guys… but they have curiously avoided broadcasters despite the fact every station in the US uses automation software that is essentially a giant playlist of sounds.

Personal Audio has likely never gone after big broadcasters (or even the makers of automation software) because they'd be handed their asses thanks to prior art. But small time podcasters don't have the resources to prove that, so they're easier targets. I'm hoping the big names in this lawsuit will see to it that Delaware Radio Technologies and Wyncomm are sent packing in short order. If we're lucky, their patents will be invalidated for being obvious or due to prior art. We can hope.

 

[KB1OKL]

We can only hope that they win big time and then sue ibiquity for creating vast amounts of RF interference and creating a huge and expensive waste of time and creating false hopes for gullible broadcasters.

 

[tomservo]

We can only hope that they win big time and then sue ibiquity for creating vast amounts of RF interference and creating a huge and expensive waste of time and creating false hopes for gullible broadcasters.

That's a horrible attitude to have on this subject but I expect nothing less from you.

 

[iyiyi]

Proof that HD is beginning to gain traction. Nobody beats a dead horse. Trolls are wanting a piece of the action.

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[diymedia]

Proof that HD is beginning to gain traction. Nobody beats a dead horse. Trolls are wanting a piece of the action.

If the lawsuit had any validity at all, why didn't the trolls go after iBiquity for a perpetual cut of the license fees?

Oh, yeah, that's right...iBiquity has no money.

 

[JaneChristo]

that's a horrible attitude to have on this subject but i expect nothing less from you.

lol!

 

[tomservo]

I've just come off a huge rant against patent trolls on another website (which, for political reasons, I probably can't link to here because it's a competing site) but after reading the actual patent in question, I think the radio companies may have some work cut out for them if they are not going to roll over for these companies.

The system they describe is very much like the current HD radio setup. It deals with a central voice channel being bundled with one or more data channels around it and sent from one "modem" to another. HD radio doesn't use traditional modems, of course, but the encoding hardware at the station and decoding hardware in your radio are really just fancy modulator/demodulators.

There may be some wiggle room for the stations to get this dismissed. Depending on how it's read, the patent seems to imply two way communications, while HD is one-way. It also appears to me to be a system for encoding data on the same channel as the (analog) voice, whereas HD broadcasts are actually completely separate and only combined at the antenna. They can even be transmitted from two different antennas in some cases.

The patent says that there needn't be an analog voice component, either; the main channel can also be data. That might apply to the multicast digital channels (HD-1, HD-2, etc.) but if that's the case then the patent, issued in the 90s, should be invalidated because digital multiplex broadcast methods have likely existed before then in labs, if not general use (i.e., prior art).

Bob Struble claims that this patent covers wireline transmission methods only, but I think he's mistaken because it was originally issued to AT&T. Nowhere did I see anything that specifically tied it to wired transmissions.

In the end, if the stations lose or just offer to license the patent, it's worth noting that one of the two in question expires this very month. The non-creative entity that is doing this is having its last-grasp of fresh air before it dies, so after this there won't be much they can go on. It's do or die time.

 

[dougw9wi]

How long is a patent valid in the U.S.?

It seems to me AT&T has been doing precisely this for at least 30 years with digital multiplexing, for more than 80 years in analog.

 

[frankberry]

Stations have been sending transmitter remote control data over their STL's for decades. Some FM stations even return their transmitter status and metering on a subcarrier of their FM transmitter.

 

[tomservo]

The scary thing is, if these people happen to prevail, there's nothing stopping them from going after other stations and smaller operators for using all the examples people have brought up in this thread. One unfavorable ruling could open up radio owners to a lot of headaches.

 

[KB1OKL]

That's a horrible attitude to have on this subject but I expect nothing less from you.

Thank you and I expect nothing less from an HD apologist such as yourself.

 

[Chuck]

The scary thing is, if these people happen to prevail, there's nothing stopping them from going after other stations and smaller operators for using all the examples people have brought up in this thread. One unfavorable ruling could open up radio owners to a lot of headaches.

I think this is a very real problem. Perhaps Clear Channel, CBS, Town Square, etc. can afford to mess with these kinds of things, but I'm pretty sure that most independent stations can't. In my area, most of the radio broadcasters are family owned businesses. They are already being squeezed pretty hard. Some would say, "Just pass the added cost on to your customers." If you were selling widgets with a high demand, that might be possible. But we are talking radio here. Typically, sponsors will tell you what their budget is and grind the station for every extra spot or added value they can get. You can tell them that the rates are going up, but they are quite likely to tell you that their budget is still the same, and they expect as many (if not more) spots as they got last time. So much for a rate increase unless you can demonstrate that their cost per listener is the same or less.

This skirmish could really hurt small stations who have adopted HD. It may also be the thing that further discourages small stations from adopting the technology. Would you buy something that is likely to get you sued?

 

[tomservo]

Thank you and I expect nothing less from an HD apologist such as yourself.

Let's see. I despise AM HD and want it shut down globally, I think HD is only good for a select group of stations, I have been critical of iBiquity's licensing scheme and think they ought to stop trying to make stations pay for license renewals... But I'm the apologist here? Gimmie a break.

This skirmish could really hurt small stations who have adopted HD. It may also be the thing that further discourages small stations from adopting the technology. Would you buy something that is likely to get you sued?

Nope! But it's a risk app developers face every day since that field is such a minefield with trolls right now. In a way, iniquity is selling their own "app" and their end users are facing the same issue...

 

[KB1OKL]

Well looks like DRT has now filed patent infringement lawsuits against 16 automakers that have integrated digital radio into their dashboard. While they're at it they ought to sue the same automakers for creating nuisanses in their dashboards for putting touch screens in them, wonder how many accident shave been caused by people fooling with silly touch screens in cars? Stay tuned.