In the legal dispute by two patents Samba TV had to plug in a defeat. A Californian federal court decided that central eligibility should be too abstract to prohibit other companies the use of targeting techniques or to demand license costs.
Advertising looks at
The litigation ranges to 2015 until the foundations for online advertising were created on smart TVs first. The patents filed the company Free Stream Media, which offers targeting services under the name Samba TV for various smart TV manufacturers. The business model: more and more manufacturers integrate advertising into their user interface. The advertising assignment is based on the one to which content is displayed on the TV, on the other hand, attempts to combine the viewers with online advertising profiles.
In one of the contentious patents, it was about a linking of TV advertising with information collected on the smartphones of the viewers. In this case, the patentee suggests breaking out from the secured sandbox of a smartphone to combine the advertising profiles using a targeting server. By means of fingerprinting should also be captured which programs run on the TV.
As Reuters reported, several dishes have already been busy with the case. The Level of Free Steam Media argued this on a narrow ridge: On one side, they insisted that patents were sufficiently specific to presenting patentable innovations. At the same time, they wanted to give the wording so that the competition company Alphonso, which was now taken over by the manufacturer LG had violated against the provisions.
The Court of Appeal now ied a cancellation (PDF file). The judges point out that abstract concepts are not protective after American patent law. The circumvention of protective mechanisms in the operating systems of smartphones, which should prevent the outflow of data, does not see the court as an improvement of existing techniques. In addition, the patent is open to how exactly this circumvention should work. "Since we have come to conviction that the claim of Samba does not make in an improvement of a technology or a new functionality, these are to be treated as an abstract idea", it is in the verdict. Follow: Essential parts of the patent can not be used.
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In the years of the dispute, online advertising has recorded a new area in Smart TVs: TV channels also want to participate in the business and enrich their advertising with personalized information. Thanks to the extension of the HBBTV standard, you can even replace burned commercials through personalized online advertising.