Thomas Jefferson was a man of ideas, both about government and the advancement of overall human progress. He oversaw the creation of the US Patent Office in 1790 (adapting concepts of patent law that had existed for several centuries prior in England). Patents in the United States exist as a legal, exclusive right, to encourage people to invest in creating inventions and ultimately allowing others to use and build upon those inventions after a limited period of time ; that process almost never begins with building things by hand, it most commonly begins by imagining them in the mind, in notebooks or on whiteboards. Patent law exists to protect the work product of what has been referred to as “ideation”; it protects the inventor from others profiting from the status of private property the Patent office has conferred upon an idea, but it does something else of value for the marketplace: if others practice the invention, it allows the inventor who worked to develop it, and whom paid considerable money to obtain a Patent, to receive fair value when used by others.
The radio stations we all enjoy today were built upon Thomas Jefferson’s belief that an invention, properly documented as unique and original, is private property. The radio industry was built on the technological breakthrough of radio transmissions and receivers in the early 1900’s. In the early days of radio, while the market was achieving rapid, broad use, there were several patent licensing programs and litigation… the most notable being RCA, which at first sought to exclusively control, via its patent rights, the ability to manufacture radios and then moved to a patent licensing program with a royalty of 7.5% to competing radio (receiver) manufacturers. Radio was truly a breakthrough technology enabling information and entertainment to be delivered much more efficiently than previous methods available… and this huge increase in productivity led to wealth creation for the early industry players and investors. RCA built product, but it also marketed its Patent rights for license.
Technology from the 1990s to today, such as the hard drive, computing power (both at very cost effective prices due to the economies of scale of the PC industry), improvements in audio compression, plus the Internet has enabled a technology-led generation of wealth creation in the form of significant cost savings for the radio station owners. Those owners pocketed that profit, resulting from reduced cost and increased operating efficiencies, in the past, today, and for the foreseeable future. However, not all Patent rights used were secured or paid for. Mission Abstract Data is seeking to license its patent rights on fair and reasonable terms to the parties who have benefited, are benefiting and will benefit from the cost savings and efficiencies enjoyed by using its patented inventions.
The Mission Abstract Data, LLC team has respect for all the participants in the radio industry that create and deliver the valuable service of radio for the customer, from the musicians that create the music (and license it as an intellectual property right to radio stations), the on-air talent that connects with audiences, the technology staff at the radio station, and the technology companies providing components, products and solutions to the marketplace. And we understand and value the contributions that all the different parties (past, present and future) contribute.
• The radio automation technology products build on many component technologies, including personal computers running Windows, Mac OS or Linux.
• These technology products use sound cards. And the devices likely have licensed audio compression technology (and associated patent rights) from companies such as Dolby, Sony, ATT, Fraunhoffer, Thomson, and Philips.
• So it’s quite common for products and services to use technologies and intellectual property rights from 3rd parties, incorporated into the final product or service. In most cases, the participants are compensated for their contributions.
Radio is in the intellectual property business, creating unique copyrights (the broadcast) based on aggregating and incorporating the intellectual property of others (copyrights and trademarks) such as music, talk, interviews, sports rights…etc. So it’s not a unique concept for the radio industry to pay for intellectual property rights.
The radio station groups named in the lawsuit are practicing the claims set forth in the patents, whether by using commercial systems or component technologies integrated in a custom manner, or some combination thereof. The reason that Mission Abstract Data is seeking to license radio stations is that is where the economic gain (cost savings of several types) has resulted from implementing the invention, and that there are diverse sets of approaches technically being used to accomplish the solution. We understand that radio station owners would rather have someone else pay for the patented inventions they use. However, it is not the automation software provider, nor the computer hard disc manufacturer that directly infringes the patents of Mission Abstract Data, it is the radio station..
Finally, Mission Abstract Data, LLC seeks only to license valid patent rights and is not seeking to collect value to which it is not entitled. In addition to the extensive patent prosecution the patents underwent with the Patent and Trademark Office including the referencing of prior art by both the inventor and the examiner, Mission Abstract Data, and its law firm Hagens Berman, did a prior art search prior to launching the licensing program and initiating litigation.
Rather than speculate (as has been the case so far in the RBR articles and accompanying quotes), it is in the interest of all parties to understand, as soon as is feasible, if there really is valid, documented prior art and to minimize the amount of money spent on legal bills by all parties. If the claims being asserted are proven to be invalid, due to prior art, from Scott Studios, ENCO or someone else, then there will be no licensing program and the litigation will be dropped. If no prior art surfaces, then the licensing efforts will proceed until the radio station owners enter into reasonable patent licenses or a jury decides for them what a reasonable royalty rate will be.
Mission Abstract Data, and Hagens Berman, are ready to review, analyze and discuss any art put forth which might effect the claims. We thank you for your consideration and look forward to working in a professional manner with the radio industry.
The radio stations we all enjoy today were built upon Thomas Jefferson’s belief that an invention, properly documented as unique and original, is private property. The radio industry was built on the technological breakthrough of radio transmissions and receivers in the early 1900’s. In the early days of radio, while the market was achieving rapid, broad use, there were several patent licensing programs and litigation… the most notable being RCA, which at first sought to exclusively control, via its patent rights, the ability to manufacture radios and then moved to a patent licensing program with a royalty of 7.5% to competing radio (receiver) manufacturers. Radio was truly a breakthrough technology enabling information and entertainment to be delivered much more efficiently than previous methods available… and this huge increase in productivity led to wealth creation for the early industry players and investors. RCA built product, but it also marketed its Patent rights for license.
Technology from the 1990s to today, such as the hard drive, computing power (both at very cost effective prices due to the economies of scale of the PC industry), improvements in audio compression, plus the Internet has enabled a technology-led generation of wealth creation in the form of significant cost savings for the radio station owners. Those owners pocketed that profit, resulting from reduced cost and increased operating efficiencies, in the past, today, and for the foreseeable future. However, not all Patent rights used were secured or paid for. Mission Abstract Data is seeking to license its patent rights on fair and reasonable terms to the parties who have benefited, are benefiting and will benefit from the cost savings and efficiencies enjoyed by using its patented inventions.
The Mission Abstract Data, LLC team has respect for all the participants in the radio industry that create and deliver the valuable service of radio for the customer, from the musicians that create the music (and license it as an intellectual property right to radio stations), the on-air talent that connects with audiences, the technology staff at the radio station, and the technology companies providing components, products and solutions to the marketplace. And we understand and value the contributions that all the different parties (past, present and future) contribute.
• The radio automation technology products build on many component technologies, including personal computers running Windows, Mac OS or Linux.
• These technology products use sound cards. And the devices likely have licensed audio compression technology (and associated patent rights) from companies such as Dolby, Sony, ATT, Fraunhoffer, Thomson, and Philips.
• So it’s quite common for products and services to use technologies and intellectual property rights from 3rd parties, incorporated into the final product or service. In most cases, the participants are compensated for their contributions.
Radio is in the intellectual property business, creating unique copyrights (the broadcast) based on aggregating and incorporating the intellectual property of others (copyrights and trademarks) such as music, talk, interviews, sports rights…etc. So it’s not a unique concept for the radio industry to pay for intellectual property rights.
The radio station groups named in the lawsuit are practicing the claims set forth in the patents, whether by using commercial systems or component technologies integrated in a custom manner, or some combination thereof. The reason that Mission Abstract Data is seeking to license radio stations is that is where the economic gain (cost savings of several types) has resulted from implementing the invention, and that there are diverse sets of approaches technically being used to accomplish the solution. We understand that radio station owners would rather have someone else pay for the patented inventions they use. However, it is not the automation software provider, nor the computer hard disc manufacturer that directly infringes the patents of Mission Abstract Data, it is the radio station..
Finally, Mission Abstract Data, LLC seeks only to license valid patent rights and is not seeking to collect value to which it is not entitled. In addition to the extensive patent prosecution the patents underwent with the Patent and Trademark Office including the referencing of prior art by both the inventor and the examiner, Mission Abstract Data, and its law firm Hagens Berman, did a prior art search prior to launching the licensing program and initiating litigation.
Rather than speculate (as has been the case so far in the RBR articles and accompanying quotes), it is in the interest of all parties to understand, as soon as is feasible, if there really is valid, documented prior art and to minimize the amount of money spent on legal bills by all parties. If the claims being asserted are proven to be invalid, due to prior art, from Scott Studios, ENCO or someone else, then there will be no licensing program and the litigation will be dropped. If no prior art surfaces, then the licensing efforts will proceed until the radio station owners enter into reasonable patent licenses or a jury decides for them what a reasonable royalty rate will be.
Mission Abstract Data, and Hagens Berman, are ready to review, analyze and discuss any art put forth which might effect the claims. We thank you for your consideration and look forward to working in a professional manner with the radio industry.
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