Activelight, Inc. Sues Again
Adrian J Cotterill, Editor-in-Chief
Word reaches us that Activelight, Inc. – f/k/a Activision TV, Inc., has emerged from a seemingly brief litigation hiatus and resumed its pursuit of patent infringement complaints against users and vendors of digital signage technology, over which it asserts a number of extremely broad patent claims.
In a complaint filed in the U.S. District Court for the Northern District of Georgia, Atlanta Division dated October 24, 2014, Activelight alleges that Allure Global Solutions, Inc., Atlanta Braves, Inc., Atlanta National League Baseball Club, Inc., Aramark Sports and Entertainment Group, LLC, Aramark Sports and Entertainment Services, LLC, and the City of Atlanta and Fulton County Recreation Authority have infringed two of Activelight’s patents (the ‘613 Patent and the ‘058 Patent).
In both claims, Activelight asserts that the Defendants are infringing “by making, using, selling, offering to sell, and/or importing digital signage systems including but not limited to Allure Global Solutions, Inc.’s Digital Merchandising and Digital Menu Board solutions throughout the United States…”
The complaint follows a relatively quiet period for Activelight in which it has settled several cases as Plaintiff and at least one as Defendant.
No doubt Activelight is hoping to extract a settlement from the six defendants named in the complaint, as is the general modus operandi for non-practicing entities (NPEs) / trolls (delete as you see fit). Activelight is represented by Farney Daniels, the well-known defender of NPEs, as well as a local Atlanta firm, the Maxim Law Firm.
It has been rather under-reported that Activelight received a new patent back in May, (shown to the right here) one that could cause havoc in the world of interactive displays. To our knowledge, no complaints have been issued on this new patent BUT it is safe to assume that shakedown letters / Notice of Patent letters (delete as you see fit) have or will be issued to deep-pocketed targets.
It’s our belief that continued settlements with Activelight will only provide the fuel for further action, which would and will place an economic stranglehold on network owners and vendors alike AND could very well could slow industry growth.
There are ways to deal with bullies, and giving up one’s lunch money is not the most effective way.
Thankfully there are rumours of an organised industry wide effort to combat this and other NPEs. We can only hope that they are true.
November 1st, 2014 at 22:30 @979
I certainly hope the rumours – not ones I’ve heard, but that doesn’t mean anything – do indeed have some substance. Badly needed, as it has devolved to such a sorry, chilled state that companies don’t want to talk about client success because putting out white papers, studies and news releases is like chumming the waters for the sharks.
November 3rd, 2014 at 13:50 @618
There was an effort afoot in Congress last year to put a stop to this bottom feeding practice. Not sure where the legislation currently stands, but it’s very much needed. Doesn’t this also represent an opportunity for the industry associations to work together for a common cause? http://www.businessweek.com/articles/2013-12-12/a-bill-stopping-patent-trolls
November 3rd, 2014 at 13:59 @624
H.R. 3309: Innovation Act passed the House but has not made progress through the Senate. Why is this not surprising? In any case, here’s another good background article: http://www.businessweek.com/articles/2014-06-09/money-for-nothing-how-to-stop-patent-trolls-from-stifling-innovation
November 3rd, 2014 at 15:20 @681
I agree with both Adrian and David and appreciate Richards comment about “bottom feeding practice”. I pray the rumors of a formalized resistance are true. As David rightfully points out, it is tough when people are afraid to even mention a good project or let it be written about in fear of some kind of legal entanglement. Thanks to Adrian and all those that keep this issue front of mind. If it does not affect you yet, my guess is that it will.