Asking for Time Not Unusual When Settlements Are in Discussion
This article has been revised.
One legal expert tells Radio World it’s not
unusual for parties to ask a judge to give them more time to file their
paperwork to allow for settlement talks.
Signs point to the potential of a settlement
between a Delaware company and radio broadcasters it is suing for patent
infringement over HD Radio technology, as we reported last week. Both sides
co-signed a letter to the judge asking for a delay in a response date; it seems
to indicate that both broadcasters and the plaintiffs -- Wyncomm LLC and an
associated accompany -- are willing to discuss the idea of a settlement
and begin negotiations.
The letter filed with U.S. District Court in
Delaware in early February stated: “The reason for the request is to allow
parties additional time to discuss settlement.” The request was accepted by the
court, which delayed broadcaster responses until April 25.
Ragland, a patent attorney with Womble Carlyle Sandridge & Rice, which is
not involved in the case, says it’s not unusual for opposing parties to request
additional time to file responses to a patent infringement complaint in order
to discuss a settlement. “The fact that the request is made jointly by the
patent holder and the broadcasters is an indication that settlement discussions
are underway or planned at the time of the request.”
Wyncomm LLC sued 14 radio ownership groups in
November 2013 alleging patent infringement for using voice and data transmission
technology for their HD Radio broadcasts.
Possible Settlement in HD Patent Suit?