TRA Asks Judge in WPP Patent Case to Reconsider

In the US, TRA has asked the judge who threw out the patent infringement part of its claim against Kantar to reconsider, claiming that she had granted its earlier request for an oral argument but then issued last week's summary judgment ruling before it had taken place.

TRA had claimed WPP firms including Kantar has infringed its patents while holding and then calling off merger talks, and subsequently launching a competing product, RapidView. The firm, which is now owned by DVR pioneer TiVo, said it had not been given a 'full opportunity to be heard', and said it assumed the court of Judge Shira Scheindlin had 'simply overlooked' the agreement to hear the oral argument before coming to a decision.

TRA said this oral argument would help Scheindlin avoid the 'erroneous conclusions' reached in last week's pronouncement, which it said were 'squarely at odds with facts of record'. Scheindlin had also said that claims Kantar had cause a massive drop in its share price before it was sold to TiVo for just $20m, were 'sheer speculation'. TRA, which had claimed it might have been worth $199m without Kantar's interventions, said the judge had 'overlooked' evidence which might be significant on this issue.

The breach of contract and fiduciary duty claims made by TRA are due to move forward in any case.