Streaming music platform Stingray Music USA and Stingray Group filed a complaint on Thursday in response to Post Media System’s complaint, filed in May, which alleged that Stingray had infringed upon its patents. In the new complaint, Stingray has sought a declaratory judgment of noninfringement.
Post Media originally alleged that Stingray infringed on four of its patents, which Stingray denied. For example, with Stingray’s alleged “system directed to a specific functionality of computers and networks to share media for playback”; the Accused Instrumentality was the Stingray music service.
Specifically, Stingray alleges that it does not infringe upon U.S. Patent No. 7,069,310 (the ’310 patent). This patent states that “[t]he present invention relates to the generation, transfer, and posting of media data in a computer network environment.” It also “relates to a client computer based system for creating, processing, encoding, and transferring media files for server based storage, posting, distribution, and retrieval.” Stingray asserts that its music service “does not satisfy each and every element of any of the claims of the ’310 Patent.”
Stingray also maintained that it does not infringe on U.S. Patent No. 7,472,175 (the ’175 Patent); U.S. Patent No. 8,725,832 (the ’832 Patent); and U.S. Patent No. 8,959,181 (the ’181 Patent), all of which have similar claims to the ’310 patent.
The company added that since there is controversy in this jurisdiction about whether Stingray infringes or not, a declaration is necessary because “Post Media will continue to wrongfully allege that Stingray’s music service infringes the” patents-in-suit.
Stingray has sought a declaratory judgment of noninfringement in its favor; an order enjoining defendants from threatening to assert or asserting these patents-in-suit against Stingray; an award for costs and fees; and other relief as determined by the court. They are represented by Farnan LLP.