DCT
1:18-cv-06880
Global Interactive Media Inc v. Townsquare Media Inc
Key Events
Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Global Interactive Media, Inc. (Belize)
- Defendant: Townsquare Media, Inc. (Delaware)
- Plaintiff’s Counsel: Butzel Long, PC
- Case Identification: 1:18-cv-06880, S.D.N.Y., 08/01/2018
- Venue Allegations: Plaintiff alleges venue is proper because Defendant Townsquare Media owns and operates a radio station with a regular and established place of business in New York, and also maintains a separate place of business in New York, NY.
- Core Dispute: Plaintiff alleges that Defendant’s "Playlist" service, available on its radio station websites, infringes patents related to methods and systems for providing automated information about broadcast program material to listeners upon inquiry.
- Technical Context: The technology addresses the challenge of converting a radio listener's fleeting interest in a broadcast song into a commercial transaction by providing an automated system to identify, preview, and obtain information about the song.
- Key Procedural History: The asserted patents share a common lineage, with the ’907 Patent being a continuation of the application that led to the ’577 Patent, which itself traces its priority back to a 1994 application. This long prosecution history may provide context for claim construction and potential prosecution history estoppel arguments.
Case Timeline
| Date | Event |
|---|---|
| 1994-10-27 | Earliest Priority Date for ’577 and ’907 Patents |
| 2001-11-06 | ’577 Patent Issued |
| 2011-10-04 | ’907 Patent Issued |
| 2018-08-01 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 8,032,907 - System to Syncronize and Access Broadcast Information (Issued Oct. 4, 2011)
The Invention Explained
- Problem Addressed: The patent’s background section describes the difficulty radio networks face in capitalizing on "impulse music purchases" because listeners who hear a song lack an immediate and convenient way to identify it, get more information, or purchase the corresponding album (e.g., a CD) (’907 Patent, col. 2:1-5). This "inconvenience and inability to sustain the impulse impetus severely impacts the purchase process" (’907 Patent, col. 2:13-15).
- The Patented Solution: The invention proposes an automated system that links broadcast programming to a database of information (’907 Patent, Abstract). As described, a user can contact the system (the specification focuses on a telephone interface) to get information about recently played songs by providing a broadcast identifier, such as the station's call letters (’907 Patent, col. 3:24-44). The system uses a pre-loaded program schedule, synchronizes it with the actual broadcast, and provides the user with corresponding song information, audio excerpts, and purchasing options (’907 Patent, col. 4:21-34, 4:46-55).
- Technical Importance: The technology aimed to create a direct marketing channel for music sales built upon the existing infrastructure of broadcast radio, thereby solving a well-known business problem for the music and radio industries (’907 Patent, col. 2:38-41).
Key Claims at a Glance
- The complaint asserts independent claim 18 and reserves the right to assert others (Compl. ¶10-11).
- Independent Claim 18 recites a method with the following essential elements:
- broadcasting program material in at least one broadcast;
- receiving one or more user inquiries from one or more recipients of the broadcast, with the inquiries including broadcast identifier information;
- creating a program description file with information about material to be broadcast in the future;
- communicating the program information into a programmed data processor;
- synchronizing the communicated program information with the program material of the broadcast; and
- using the data processor to communicate program information corresponding to the broadcast identifier information from the user inquiry.
U.S. Patent No. 6,314,577 - Apparatus and Method to Generate and Access Broadcast Information (Issued Nov. 6, 2001)
The Invention Explained
- Problem Addressed: Similar to its continuation, the ’577 Patent identifies the problem that when a radio listener hears a desirable piece of music, they "must listen for, and remember, the artists name and title of the song," which is often inconvenient and leads to a lost sales opportunity (’577 Patent, col. 1:47-50).
- The Patented Solution: The patent describes an automated transaction system designed to "service multiple radio broadcasts simultaneously" (’577 Patent, col. 2:42-44). The system architecture, shown in Figure 1, centers on a "Programmed Data Processor" (1010) that receives program schedules, correlates them with a database of song descriptions (1014), and interacts with a user via an interface (e.g., telephone interface 1020) to provide information on demand (’577 Patent, Fig. 1; Abstract).
- Technical Importance: The invention provided a scalable method for creating a "mass radio audience for the direct marketing of music" by automating the information-retrieval and purchasing process across numerous, geographically dispersed radio stations (’577 Patent, col. 2:42-44).
Key Claims at a Glance
- The complaint asserts independent claim 94 and reserves the right to assert others (Compl. ¶13-14).
- Independent Claim 94 recites a method with the following essential elements:
- broadcasting at least one radio or television broadcast;
- receiving user inquiries from a listener or viewer of the broadcast;
- creating a program description file;
- communicating program list information into a programmed data processor;
- correlating program descriptions with the program list information and generating information in a database "responsive to only a broadcast identifier"; and
- using the data processor to communicate the program description file responsive to the user inquiry.
III. The Accused Instrumentality
- Product Identification: The "Playlist" service provided by Defendant Townsquare on the website for its radio station WRRV (www.wrrv.com) (Compl. ¶10, ¶13).
- Functionality and Market Context: The complaint alleges that the Playlist service allows a consumer of WRRV's music broadcast to access the station's website and "inquire regarding the alternative music being broadcast" (Compl. ¶11b, ¶14b). The service allegedly communicates program information, such as the song title "Disarm" by "the band Smashing Pumpkins," to the consumer (Compl. ¶11d, ¶14d). The complaint alleges this functionality relies on Townsquare creating files that describe the music prior to its broadcast and loading that information into a data processor (Compl. ¶11c, ¶14c).
IV. Analysis of Infringement Allegations
’907 Patent Infringement Allegations
| Claim Element (from Independent Claim 18) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| broadcasting program material in at least one broadcast | Townsquare operates radio station WRRV, which broadcasts alternative music. | ¶11a | col. 4:32-34 |
| receiving one or more user inquiries from one or more recipients...said one or more inquiries including broadcast identifier information | A consumer accesses WRRV's website (www.wrrv.com) to inquire about the music being broadcast. | ¶11b | col. 4:19-22 |
| creating a program description file comprising program information related to program material to be broadcast in the future | Townsquare creates files describing the music prior to its broadcast. | ¶11c | col. 6:55-60 |
| communicating the program information into a programmed data processor | Townsquare has a programmed data processor into which the program description file is loaded. | ¶11d | col. 6:24-28 |
| synchronizing said communicated program information with said program material of said at least one broadcast | Townsquare synchronizes the description of a specific song (e.g., "Disarm") with the broadcast of that song. | ¶11e | col. 10:21-25 |
| using said data programmed data processor to communicate...program information that corresponds to the broadcast identifier information included in said one or more inquiries | Townsquare's Playlist service communicates the song information to the consumer. | ¶11f | col. 4:22-29 |
’577 Patent Infringement Allegations
| Claim Element (from Independent Claim 94) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| broadcasting at least one radio or television broadcast | The Townsquare radio station WRRV broadcasts alternative music. | ¶14a | col. 2:38-40 |
| receiving user inquiries from a listener or viewer of said radio or television broadcast | WRRV listeners access the Playlist on the WRRV website to inquire about the music being broadcast. | ¶14b | col. 2:38-40 |
| creating a program description file | Prior to the broadcast, Townsquare creates files describing the music to be broadcast. | ¶14c | col. 4:15-18 |
| communicating program list information into a programmed data processor | Townsquare has a programmed data processor into which the program description file is loaded. | ¶14d | col. 4:2-6 |
| correlating said program descriptions of program material with said program list information and generating information in a database responsive to only a broadcast identifier | Townsquare correlates the communicated song information with the program list. | ¶14e | col. 18:13-19 |
| using said programmed data processor to communicate said program description file responsive to said user inquiry | The Townsquare Playlist service uses the data processor to communicate the song information to the consumer in response to the inquiry. | ¶14f | col. 18:20-27 |
No probative visual evidence provided in complaint.
- Identified Points of Contention:
- Scope Questions: The infringement theory raises the question of whether a user passively viewing a webpage constitutes "receiving... user inquiries" in the manner contemplated by the claims. A central dispute may be whether the unique URL of a single radio station's website (e.g., wrrv.com) satisfies the "broadcast identifier information" limitation, particularly where the patent's embodiments describe a system that distinguishes between multiple stations based on user input like call letters (’577 Patent, col. 14:13-20).
- Technical Questions: The complaint alleges that Townsquare "synchronizes" the song description with the broadcast (Compl. ¶11e). A key factual question will be what technical mechanism, if any, performs this synchronization. The complaint does not specify whether this is a simple time-based playlist execution or a more complex, signal-based synchronization as described in the patent specifications (e.g., using DTMF tones embedded in the broadcast) (’577 Patent, col. 9:15-34).
V. Key Claim Terms for Construction
The Term: "broadcast identifier information" (’907 Patent) / "broadcast identifier" (’577 Patent)
- Context and Importance: The definition of this term is critical for determining whether the accused website functionality meets the "inquiry" limitations of the claims. The dispute will likely center on what information must be included in the user's action to identify the specific broadcast of interest. Practitioners may focus on this term because the accused act—visiting a single station's website—differs from the patent's primary embodiment of a user calling a central number and inputting station call letters to differentiate among multiple broadcasters.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification provides a list of potential identifiers, including "station call letters, a station tuning frequency, a television channel allocation," and others (’577 Patent, col. 19:11-16). Plaintiff may argue that a unique website URL associated with a specific broadcast station falls within the scope of such identifiers.
- Evidence for a Narrower Interpretation: The detailed description of the preferred embodiment repeatedly describes a system where the user provides the identifier to select from among multiple participating stations supported by a central processor (’577 Patent, col. 12:51-58, 14:13-20). Defendant may argue this context limits the term to information that actively selects one broadcast from a plurality of available options.
The Term: "synchronizing" (’907 Patent)
- Context and Importance: This term defines a key technical step in the claimed method. Its construction will determine the required relationship between the information in the database and the live broadcast. The complaint's conclusory allegation that synchronization occurs provides little detail, making the claim's requirement a central technical issue.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification describes accomplishing coordination through a "synchronized time schedule whereby the program schedule file and the recording of the audio segments on the programmed data processor are initiated at the same time" (’577 Patent, col. 4:50-54). This could support an interpretation where simply adhering to a timed playlist constitutes "synchronizing."
- Evidence for a Narrower Interpretation: The specification also discloses a more sophisticated, active synchronization method involving "inserting a signal such as a tone or pulse at the beginning of each music piece broadcast" which is then detected by a receiver to trigger a recording or data lookup (’577 Patent, col. 4:40-46; col. 10:21-33). Defendant may argue that this more robust technical coupling is required by the claim.
VI. Other Allegations
The complaint does not allege indirect infringement or willful infringement.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: does a user's act of visiting a single radio station's website, which passively displays the currently playing song, constitute a "user inquiry" containing "broadcast identifier information" as those terms are used in the context of a system described as handling multiple broadcasters?
- A key evidentiary question will be one of technical implementation: what is the actual mechanism used by the accused "Playlist" service to align the displayed song information with the radio broadcast? The case may turn on whether a pre-set, time-based playlist is sufficient to meet the "synchronizing" and "correlating" limitations, or if the claims require a more direct, signal-based link between the live broadcast and the data system.