Cites Doubts About Validity of TRA’s Patent
New York, New York, September 26, 2011 – A federal judge has ruled in favor of Kantar Media and rejected TRA, Inc.’s attempt to stop Kantar Media from offering its RapidViewTM media planning tool. A copy of the decision is attached. RapidView Retail allows users to create and analyze TV audience profiles based on shopping behaviors, including brand loyalty and product category usage.
The ruling arose out of a lawsuit that Kantar Media filed against TRA for breach of contract and a declaration of noninfringement of the TRA patent.
Judge Shira A. Scheindlin, of the federal court in Manhattan, concluded that Kantar Media had raised a “substantial question about the validity” of the patent claim on which TRA had based its motion for a preliminary injunction.
The court agreed with Kantar Media that extensive “prior art” predated TRA’s patent and involved very similar methods. For example, Judge Scheindlin cited an earlier system that Kantar Media itself had developed. Kantar Media’s earlier system matched TV audience data with shopping behavior data. TRA alleges that its patent covers this same concept. But Kantar Media’s system dates back to 2005 – before TRA itself had even started operations.
The court agreed with Kantar Media that the prior art collectively taught all of the steps of TRA’s patent claim, and that “it would have been obvious” to combine the prior art references together.
“TRA’s patent relates to basic techniques that audience measurement firms have been using for decades,” commented George Shababb, president of Kantar Media Audiences North America, and an industry veteran with over 30 years’ experience. “I’m pleased that Judge Scheindlin has denied TRA’s motion and recognized Kantar Media’s right to continue serving its customers in this market.”
About Kantar Media
Established in more than 50 countries, Kantar Media helps clients master the world’s multimedia momentum through analysis of print, radio, TV, internet, cinema, mobile, social media, and outdoor worldwide. Kantar Media offers a full range of media insights and audience measurement services through its global business sectors – Intelligence, Audiences, TGI and Custom. Kantar Media companies also include Compete, Cymfony and SRDS. Drawing upon the deepest expertise in the industry, Kantar Media tracks more than 3 million brands and delivers insight to more than 22,000 customers worldwide. www.KantarMediaNA.com