• by Steve McClellan  @mp_mcclellan, October 11, 2013

A week after a New York Judge dismissed TRA’s patent infringement and other key claims in a law suit against WPP’s Kantar, TRA has asked the Judge to reconsider.

TRA argued that it had not been given a “full opportunity to be heard,” including an oral argument. According to TRA the judge hearing the case, Shira Scheindlin of the U.S. District Court in Manhattan granted the company’s earlier request for an oral argument but then issued her summary judgment ruling last week before holding it.

“TRA assumes the Court simply overlooked this important post-briefing history …and respectfully requests that the Court treat its order as tentative rather than final, pending oral argument.”

TRA said oral argument would help Scheindlin avoid the “erroneous conclusions” she came to in last week’s order ruling that Kantar and several other WPP entities didn’t infringe on TRA’s patents or misappropriate its trade secrets, and that they did indeed try to financially harm TRA so that it could be bought “on the cheap.”  

The company told Scheindlin that her decision on patent infringement was “squarely at odds with facts of record.” It also argued that she “overlooked” evidence that a “reasonable jury could use to find that TRA’s drop in valuation was caused by Kantar.” TRA was purchased by TiVo last year for $20 million. TRA has argued that had it not been for acts taken by Kantar it would have been worth $199 million. Scheindlin tossed the allegation calling it “sheer speculation” in last week’s ruling.

As to the trade secrets claim that was tossed TRA said Scheindlin based her order in part on the fact that TRA violated a Federal Civil Rule of Procedure. That finding, TRA argued, “clearly contradicts the record and the rule itself.”

The suit was triggered two years ago when talks between the parties concerning WPP’s possible acquisition of TRA broke down and Kantar launched a competitive service called RapidView. Both services link TV viewing and purchase data.

In her ruling last week, Scheindlin noted that breach of contract and fiduciary duty claims will move forward. Responding last week to the ruling, TRA said it would request “a trial date for TRA's remaining claims.” The company also said that it would “continue to review its options and to pursue vigorously all of its rights and remedies in this action,” including the request filed Thursday for reconsideration.