• by Erik Sass , April 10, 2007

Arbitron claims that Media Audit and Ipsos' competing "smart phone" system infringes on three of their patents. Both companies deny the claim, dismissing Arbitron's patents on processes associated with its Portable People Meter passive electronic measurement system. In a response to the Arbitron suit filed in Marshall, Texas, Media Audit and Ipsos argued that Arbitron had no right to patent those processes.

The legal basis of both sides' argument appears murky, although few details have been released. Legal analysts speculate that Media Audit-Ipsos will argue that Arbitron's patented techniques are--in fact, legacy methods already in use in the media industry for ratings purposes. The techniques were described by an Arbitron spokesman as involving technical and procedural aspects of the measurement system, which include ensuring that human subjects comply with the instructions for PPM monitoring.

The court case is an extension of the long-running conflict over the future of electronic measurement for the radio industry. At the center of the controversy is the drawn-out battle between Arbitron and industry giant Clear Channel Radio over the pricing of Arbitron's PPM results.

Clear Channel is not involved in the current legal proceedings, but as the leader of an industry audit considering electronic measurement methods, it has repeatedly voiced support for the Media Audit-Ipsos "smart phone" system as an alternative to PPM. Most recently, in mid-February, Clear Channel led a consortium of radio companies in funding field tests of the Media Audit phone to advance it as a viable competitor to PPM.