The validity of US patents covering the sale of digital audio
and video downloads are set to be tested at trial, following a US
District Court ruling last week. The case, brought by on-line media
company SightSound Technologies, could have major implications for
the growing music and film download industries.
SightSound's patents relate to the sale and distribution of digital audio and video signals over a telecommunications line. It commenced patent infringement proceedings against two subsidiaries of media company Bertelsmann back in 1998.
The case has progressed extremely slowly with numerous attempts by the Bertelsmann subsidiaries to have the case dismissed. However, the Western District Court of Pennsylvania and Pittsburgh last week denied the latest motions for dismissal, setting the wheels in motion for a full hearing on the validity of the patents.
SightSound's lead counsel William Wells said:
"We are very pleased with the Court's thorough and well-reasoned opinion and we look forward to taking this case to trial."
Players in both the music and film industries will undoubtedly be watching the case closely.
Like a growing number of patents granted in the US, the SightSound patents relate to business methods rather than a specific, technical invention. This type of patent is controversial, not least because such patents are often very broad in scope and could restrict a wide range of commercial activity. In the UK, patents purely relating to a business method are not patentable. However, a UK patent may be obtainable for inventions involving a business method where the invention also achieves a more tangible technical advance.
