A federal judge in a Delaware District Court recommended Thursday that a Motion to Dismiss filed by a defendant in a patent infringement case filed by Nielsen be granted — thus thwarting the nation’s dominant audience measurement and data analytics firm in its legal claim of bespoke technology.
Judge Richard G. Andrews’ report and recommendation, made February 12, gives VideoAmp a pending victory, as it asked the complaint be dismissed on the grounds that Nielsen’s claims of the only patent-in-suit are directed to ineligible subject matter under 35 U.S.C. § 101.
Nielsen first sued VideoAmp in the Delaware federal court two years ago, asserting VideoAmp had infringed on two patents held by Nielsen. Judge Andrews in March 2025 dismissed that complaint. Then, days after the first case was dismissed, Nielsen “initiated round two” against VideoAmp, accusing that company of infringement of a third patent Nielsen held.
That’s now been recommended for dismissal by Andrews.
The ’402 Patent, entitled “Methods and Apparatus to Correlate Census Measurement Data with Panel Data,” is the focus of the second patent infringement suit Nielsen filed with the court against VideoAmp. This patent is generally directed to associating identified user data with media being displayed.
On May 26, 2025, VideoAmp moved to dismiss the complaint, leading to a nine-month journey to Thursday’s recommendation from Judge Andrews.
Meanwhile, a concurrent patent infringement lawsuit that saw Nielsen take TVision to court in Delaware, leading TVision to counter-sue Nielsen, continues to wind through a courtroom overseen by Judge Christopher Burke. On February 6, Nielsen filed a Motion to Stay in that case.
In a statement sent to RBR+TVBR, a Nielsen spokesperson said, “We are reviewing the decision and plan to file an objection, in which we will explain to the Judge that the U.S. Patent and Trademark Office was correct in its determination that Nielsen’s patent is, in fact, subject matter eligible.”
