Automation and other Patents Causing Problems for Stations?

Last Updated on October 8, 2011 by askcbiorg

If your station is using an automation system, it may receive a notice that the station is infringing on a patent?  What if the infringement notice is about something else?  According to this broadcast law blog, you should not ignore the claim!

“Sometimes these claims look like they can’t be real, as they appear to claim patent rights on systems that have been in use for a long time. But, if these parties file suit and you don’t defend, you may end up with liability simply because you did not defend against the claims. Some of these suits are filed with the expectation that some defendants won’t respond, or that they will settle so long as the costs of settlement are less than the costs of defending against the litigation.”

The blog suggests you contact counsel if you receive a notice.  For school stations, you should start with in house counsel and keep a “paper trail” to cover your behind.

The post also offers the advice, “Your vendors should warrant to you that their system does not infringe any patents, and that if any claim is made, the vendor will defend you against claims that are made and indemnify you for any losses that you suffer as a result of a claim against your use of their service. In today’s digital world, a little protection up front may protect you from big liability in the future.”

It is not uncommon for students and advisers to sign contracts without consulting a difficult to reach in-house counsel.  Be aware that just because you can doesn’t mean you should.