Article February 8, 2017

Streams of lawsuits

There have been further developments in intellectual property litigation in the USA as San Francisco-based OpenTV, now owned by Swiss digital company Kudelski, continue to assert their rights in the on-demand and streaming media sector.

After securing successful licence resolutions following a litigation against Netflix and Apple in California, OpenTV are now pursuing the NFL Enterprises LLC for alleged infringement of seven of their patents. It is alleged the NFL’s streaming media service infringes certain protected methods of broadcasting and security controls.

The case is being brought in the court of East Texas, generally regarded as a plaintiff-friendly jurisdiction and often used by patent trolls and non-practising entities.

That is not to say that OpenTV operate as a patent troll. Although they are not an active consumer-facing brand, they are regarded as an early adopter of technology in digital television – and could be seen as an example of how an organisation with a focus on a robust competitive service can also be very proactive in patent litigation as a core element of their business strategy. Even if that means taking up legal arms against some of the industry’s biggest names.