MONTREAL – Stingray Digital Group has formally countered allegations of patent infringement made by U.S. TV music distributor Music Choice.
In an Answer and Counterclaim filed Tuesday in the U.S. District Court for the Eastern District of Texas (Marshall Division), Stingray denied Music Choice's claims of patent infringement and asserted counterclaims of non-infringement and invalidity of the five patents asserted named in the lawsuit.
In addition, Stingray Music USA filed a separate lawsuit claiming unfair competition, defamation, trade libel, tortious interference with existing and prospective contractual relationships, and unfair competition. The company said that the separate lawsuit was necessary “in view of the fact that Music Choice sued the wrong party in its First Amended Complaint for Patent Infringement.”
"Stingray answers Music Choice's Complaint as a first step in establishing the invalidity and non-infringement of Music Choice's patents," said Stingray president, co-founder and CEO Eric Boyko, in a statement. “In fact, as Stingray will demonstrate at trial, the asserted patents are invalid based, in part, upon certain prior art technology previously owned by a Music Choice subsidiary (subsequently purchased by Stingray in a share purchase transaction) of which the U.S. Patent Office was unaware during the prosecution of the patents. Furthermore, in its own action, Stingray Music USA, Inc. will be seeking monetary damages for the harm it suffered as a result of Music Choice's attempts to damage Stingray's reputation and exclude it from lawfully competing in the U.S. market."
The litigations are ongoing and no trial dates have been scheduled.
