Nielsen took some kicks while it was down this year, delivered courtesy of rivals pleased to profit from its MRC dis-accreditation and soured relationships with broadcasters.
Big companies can take a few kicks, and still toss a couple of punches of their own.
Nielsen is taking legal action against TVision and HyphaMetrics, 2 panel-based television measurement start-ups, for declared patent infringement. Both cases were filed in the District Court of Delaware on November 10.
The 2 fits are both patent suits, the information vary. But there are numerous common threads. Both startups were dinged a number of times in Nielsens filings for things their co-founders told the press.
Nielsens suit against HyphaMetrics consistently points out an interview in between founder and CEO Joanna Drews and Broadcasting & & Cable Editor Jon Lafayette concerning the start-ups own patent, which Nielsen alleges infringes its prior patent. TVision gets a comparable treatment relating to an AdExchanger interview with the companys president and COO, Luke McGuinness, and a TechCrunch story that prices quote co-founder and CRO Dan Schiffman.
The HyphaMetric match
HyphaMetrics was founded in November of in 2015 with $2 million in seed funding. Its developing an at home audience panel of families that agree to share their clever TV viewership and market data.
Business that want to include panel information into their own measurement, but dont wish to or arent able to certify Nielsens panel, can use HyphaMetrics as an option.
” Ive heard them utilize the term; A panel for the rest of us,” VideoAmp Chief Measurability Officer Josh Chasin informed AdExchanger referring to HyphaMetrics previously this month in an article about VideoAmps panel data method and its collaborations with TVision and HyphaMetrics.
VideoAmps collaboration with HyphaMetrics is pointed out in the match as an example of supposed harm against Nielsen, which declares VideoAmp selected to partner with HyphaMetrics since it was impressed with its measurement tech stack. And in Nielsens view, Hyphas measurement tech stack was established using an infringing item.
Nielsen then points to VideoAmps subsequent handle ViacomCBS to act as an alternative to Nielsen– which VideoAmp tattooed after integrating Hyphas panel data– as another example of supposed damage.
The concern is on Nielsen to show harm, since it isnt taking legal action against HyphaMetrics for developing an at home audience panel alternative. Rather, Nielsen is alleging that Hypha is infringing its automatic service for figuring out whether a device or wise TV is on or off, therefore triggering or turning off its at home meter.
That may sound ridiculous, but it is important for a panel operator to know when it can turn the device off, otherwise the meter is a consistent electrical energy drain. Prior techniques, such as triggering by audio detection, were less precise, and the meter still had to be going to discover audio.
Nielsen also declares its patent covers measurement edge cases. If theres a power outage, for instance, Nielsen can incorporate understanding of that occasion into its data and understand that any media signals from the house television can be found in during the disruption are malfunctioning.
Because being removed of its Media Rating Council accreditation for national and regional TV measurement in late August after undercounting certain audiences throughout the pandemic, Nielsen has actually been on the defensive. Its tough not to see these claims as worry of innovation in an altering market.
A Nielsen spokesperson informed AdExchanger that its only securing its rights.
” Nielsen has done the effort and made the financial investments in continuously innovating its panel measurement technology, making its representative panel data the basis of the currency on which the broadcast marketing market trades,” the Nielsen spokesperson stated. “We completely support and encourage innovation in media measurement and in panels, particularly. We will not support companies appropriating our intellectual residential or commercial property without permission.”
Nielsens match against TVision claims violation of 2 various patents, one for figuring out the makeup and audiences in a space utilizing an in-device video camera or detection technique and the other for connecting that contextual data to advertisement exposures.
Nielsen states its patent covers the combined use of two-dimensional and three-dimensional information. Two-dimensional processing can often puzzle a portrait of an individual in the background, say, with a genuine person, while three-dimensional resolution covers just a small area.
The match against TVision also declares a methodical attempt to copy Nielsens marketing, including making use of comparable sales language and stock images (of individuals resting on a couch seeing TV).
However the core of Nielsens suit declares that TVision infringes its patent for keeping an eye on house environments and that TVisions house audience-monitoring innovation is then connected to ad direct exposures by means of collaborations. These partnerships with Nielsen competitors, consisting of Comscore, VideoAmp and Data Plus Math, which was obtained by LiveRamp in 2019, represent another alleged patent offense.
TVision co-founder and CEO Yan Liu told AdExchanger that “this suit is without benefit.”
” We will intensely protect ourselves,” Liu said. “But we will not lose sight of our objective to bring TV and CTV into the future with more transparent and accurate person-level engagement information.”
HyphaMetrics decreased to comment.
The two matches are both patent matches, the details differ. Both start-ups were dented a number of times in Nielsens filings for things their co-founders told the press.
” Nielsen has actually done the tough work and made the investments in continually innovating its panel measurement innovation, making its representative panel data the basis of the currency on which the broadcast marketing industry trades,” the Nielsen spokesperson stated. “We completely support and motivate development in media measurement and in panels, particularly. We will not support services appropriating our intellectual residential or commercial property without authorization.”