Arbitron and Digimarc in Patent Row

US radio ratings giant Arbitron is attempting to invalidate nine patents for technology which identity solutions firm Digimarc has developed to monitor broadcasts. Digimarc claims that technology used for Arbitron's PPM infringed the patents.

In mid July, Digimarc's Chairman and CEO Bruce Davis, sent a letter to Arbitron's President and CEO, Michael Skarzynski, alleging that Arbitron's CBET technique infringes the Digimarc patents, and that certain improvements to CBET which enabled Arbitron's successful commercialization of PPM, may require a license from his firm.

Arbitron's Portable People Meter (PPM) detects an inaudible code embedded in radio broadcasts through a technique known as Critical Band Encoding Technology (CBET). When a participant in an Arbitron survey who is carrying the PPM hears a radio broadcast, the PPM automatically senses the code embedded in the broadcast that identifies what the participant has heard and notes the date and time of that broadcast.

In view of the uncertainty resulting from the allegations of infringement contained in the Digimarc letter, Arbitron has issued a warrant in the District Court of Delaware stating that the Digimarc patents are invalid.

Arbitron has spent more than 20 years developing and acquiring the technology associated with the PPM and has been granted more than 15 US patents related to audio encoding and monitoring technology, according to its complaint.

In January, Arbitron settled lawsuits in New York and New Jersey that claimed its method of estimating listeners under-represented minorities.

Web sites: www.arbitron and www.digimarc.com .