Nielsen took some kicks while it was down this year, delivered thanks to rivals delighted to take advantage of its MRC dis-accreditation and soured relationships with broadcasters.
Big business can take a few kicks, and still throw a few punches of their own.
Nielsen is suing TVision and HyphaMetrics, 2 panel-based TV measurement start-ups, for alleged patent infringement. Both cases were submitted in the District Court of Delaware on November 10.
The 2 matches are both patent matches, the details vary. But there are several typical threads. Both startups were dinged numerous times in Nielsens filings for things their co-founders told the press.
Nielsens fit against HyphaMetrics consistently points out an interview in between co-founder and CEO Joanna Drews and Broadcasting & & Cable Editor Jon Lafayette relating to the startups own patent, which Nielsen declares infringes its prior patent. TVision gets a similar treatment regarding an AdExchanger interview with the businesss president and COO, Luke McGuinness, and a TechCrunch story that prices quote co-founder and CRO Dan Schiffman.
The HyphaMetric suitHyphaMetrics was established in November of in 2015 with $2 million in seed financing. Its developing an in-home audience panel of families that agree to share their clever TV viewership and market data.
Business that wish to integrate panel data into their own measurement, however do not wish to or arent able to accredit Nielsens panel, can utilize HyphaMetrics as an option.
” Ive heard them utilize the term; A panel for the rest of us,” VideoAmp Chief Measurability Officer Josh Chasin told AdExchanger referring to HyphaMetrics earlier this month in a post about VideoAmps panel information strategy and its collaborations with TVision and HyphaMetrics.
VideoAmps collaboration with HyphaMetrics is cited in the fit as an example of alleged damage against Nielsen, which claims VideoAmp picked to partner with HyphaMetrics due to the fact that it was impressed with its measurement tech stack. And in Nielsens view, Hyphas measurement tech stack was established utilizing an infringing product.
Nielsen then indicates VideoAmps subsequent deal with ViacomCBS to function as an alternative to Nielsen– which VideoAmp inked after incorporating Hyphas panel information– as another example of supposed harm.
The burden is on Nielsen to show damage, since it isnt suing HyphaMetrics for creating an at home audience panel option. Rather, Nielsen is alleging that Hypha is infringing its automatic solution for figuring out whether a gadget or wise TV is on or off, thus activating or turning off its at home meter.
That may sound ridiculous, but it is essential for a panel operator to understand when it can turn the device off, otherwise the meter is a constant electrical power drain. Prior techniques, such as activating by audio detection, were less precise, and the meter still needed to be going to discover audio.
Nielsen also alleges its patent covers measurement edge cases. If theres a power blackout, for instance, Nielsen can include understanding of that occasion into its data and know that any media signals from the home TV coming in throughout the interruption are faulty.
Because being stripped of its Media Rating Council accreditation for national and local television measurement in late August after undercounting certain audiences throughout the pandemic, Nielsen has actually been on the defensive. Its difficult not to see these lawsuits as fear of innovation in a changing market.
However a Nielsen spokesperson told AdExchanger that its just securing its rights.
” Nielsen has done the effort and made the investments in constantly innovating its panel measurement technology, making its representative panel data the basis of the currency on which the broadcast marketing industry trades,” the Nielsen spokesperson stated. “We fully encourage and support development in media measurement and in panels, particularly. We will not support organizations appropriating our intellectual property without authorization.”
Nielsens match against TVision claims infringement of two various patents, one for figuring out the makeup and audiences in a space using an in-device cam or detection approach and the other for linking that contextual data to ad direct exposures.
Nielsen states its patent covers the combined use of three-dimensional and two-dimensional information. Two-dimensional processing can often confuse a portrait of a person in the background, state, with a real person, while three-dimensional resolution covers just a little location.
The fit versus TVision also declares a methodical attempt to copy Nielsens marketing, including the usage of similar sales language and stock images (of people resting on a couch viewing television).
But the core of Nielsens fit claims that TVision infringes its patent for keeping track of home environments which TVisions home audience-monitoring technology is then connected to ad direct exposures by means of partnerships. These partnerships with Nielsen rivals, consisting of Comscore, VideoAmp and Data Plus Math, which was acquired by LiveRamp in 2019, represent another declared patent infraction.
TVision co-founder and CEO Yan Liu informed AdExchanger that “this fit is without merit.”
” We will vigorously defend ourselves,” Liu stated. “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 data.”
HyphaMetrics decreased to comment.
The two fits are both patent matches, the details vary. Both start-ups were dented a number of times in Nielsens filings for things their co-founders informed the press.
” Nielsen has actually done the difficult work and made the investments in constantly innovating its panel measurement innovation, making its representative panel information the basis of the currency on which the broadcast advertising industry trades,” the Nielsen spokesperson said. “We completely motivate and support development in media measurement and in panels, specifically. We will not support organizations appropriating our intellectual residential or commercial property without permission.”