Avid's Patent Infringement Claims Against Harmonic Inc. Set to Proceed to Trial
July 19 2017 - 9:00AM
Avid® (Nasdaq:AVID), a leading global media technology provider for
the creation, distribution and monetization of media assets for
global media organizations, enterprise users and individual
creative professionals, today addressed the status of patent
infringement litigation which has been ongoing against Harmonic
Inc. (Nasdaq:HLIT) since 2011. Although Avid has not
considered this litigation material for purposes of its
disclosures, Harmonic Inc. has previously included information
about the litigation in its public filings. Following the
latest rulings by the U.S. Court of Appeals for the Federal Circuit
in Washington, D.C. and the United States Patent and Trademark
Office, Avid will be planning to proceed to trial against Harmonic.
Since October 2011, Avid has brought two patent infringement
lawsuits against Harmonic in the United States District Court for
the District of Delaware—one involving Harmonic’s MediaGrid storage
system and Avid’s U.S. Patent Nos. 6,760,808 (the “808 Patent”) and
7,487,309 (the “309 Patent”), and the other involving Harmonic’s
Spectrum™ media server system and Avid’s U.S. Patent No. 5,495,291
(the “291 Patent”). Harmonic has responded to these suits by
seeking to have the United States Patent and Trademark Office (the
“USPTO”) review and nullify Avid’s patents through procedures known
as reexamination and inter partes review.
In 2014, the USPTO rejected Harmonic’s challenges to claims
11-16 of Avid’s 291 Patent, and Harmonic unsuccessfully appealed
that decision to the U.S. Court of Appeals for the Federal Circuit
in Washington, D.C., which upheld the claims in 2016. Avid’s
case of infringement against Harmonic’s Spectrum™ products is
scheduled for trial in November 2017.
Likewise, after that same court ordered a new trial in the
MediaGrid case in 2016, Harmonic sought to have the USPTO cancel
the patent claims in Avid’s 808 and 309 Patents. On May 12,
2017, the USPTO upheld the claims of Avid’s 309 Patent, but found
the claims of the 808 Patent unpatentable.
Now that the claims of the 309 Patent have been confirmed as
patentable, Avid’s infringement case against Harmonic and its
MediaGrid system is expected to proceed to the new trial ordered by
the Federal Circuit. Based on expert testimony, Avid expects
its claim against Harmonic could result in up to $35 million in
damages through 2013. Avid expects that this amount has
increased materially since then. However, the outcome of
litigation is inherently uncertain and Avid may not recover any or
all of damages it seeks. Additionally, Avid currently plans
to appeal the USPTO’s decision with respect to the 808 Patent to
the Federal Circuit.
About Avid Through Avid Everywhere™, Avid
delivers the most open and efficient media platform, connecting
content creation with collaboration, asset protection, distribution
and consumption. Avid's preeminent customer community uses
Avid's comprehensive tools and workflow solutions to create,
distribute and monetize the most watched, loved and listened
to media in the world—from prestigious and award-winning feature
films, to popular television shows, news programs and
televised sporting events, and celebrated music recordings and live
concerts. With the most flexible deployment and pricing options,
Avid's industry-leading solutions include Pro Tools®, Media
Composer®, Avid NEXIS®, Interplay®, ProSet™ and RealSet™, Maestro™,
PlayMaker™, and Sibelius®. For more information about Avid
solutions and services, visit www.avid.com, connect with Avid on
Facebook, Instagram, Twitter, YouTube, LinkedIn, or subscribe to
Avid Blogs.
© 2017 Avid Technology, Inc. All rights reserved. Avid, the
Avid logo, Avid Everywhere, Avid Nexis, iNEWS,
Interplay, Maestro, MediaCentral, NewsCutter, Media
Composer, PlayMaker, ProSet, Pro Tools, and Sibelius are
trademarks or registered trademarks of Avid Technology, Inc. or its
subsidiaries in the United States and/or other countries. The
Interplay name is used with the permission of the Interplay
Entertainment Corp. which bears no responsibility for Avid
products. All other trademarks are the property of their respective
owners. Product features, specifications, system requirements and
availability are subject to change without notice.
PR Contacts:
Amy Paladino
Avid
amy.paladino@avid.com
+1 617-733-5121
Red Lorry Yellow Lorry (Avid’s PR agency)
Kim Willsher
avid@rlyl.com
+1 310-773-3760
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