Woodland Hills, CA. Spatializer™ Audio Laboratories Inc. said Friday that the U.S. District Court in Los Angeles CA has ruled in the company’s favor in a lawsuit filed by QSound™ Labs Inc. (Calgary, AB, Canada). Judge William D. Keller granted Spatializer’s motion for summary judgment of non-infringment.
“We have always been very confident that Spatializer would prevail in this lawsuit and are very pleased with the ruling,” said Steven Gershick, President and CEO of Spatializer Audio Laboratories. “With the litigation behind us, we can again focus 100 percent of our efforts on meeting the demands of leading manufacturers to license and use our 3-D audio technologies within their products.”
Spatializer intends to pursue a claim for damages resulting from QSound’s alleged interference with its business. As well, Spatializer intends to file a motion for summary judgment seeking to invalidate QSound’s patents.
“For the past 22 months, QSound’s accusations of infringement have adversely impacted our business,” contends Gershick. “Not only have certain licensees been reluctant to introduce new Spatializer equipped products, but a number of potential licensees were compelled to use competitive solutions because of the litigation.”
The ruling finds that Spatializer’s proprietary 3D audio chips and technology do not infringe QSound patents. The judge also states that Spatializer “cherry picked” the QSound invention, but that as a matter of law he would rule in their favour. In view of this, any claim for damages made by Spatializer would receive little sympathy from Judge Keller.
QSound Labs intends to appeal the judgement. The appeal will be heard by The Court of Appeals Panel in Washington DC. Hearings concerning patent validity and unfair competition will not take place until the appeal is decided.
Spatializer Audio Lab develops audio technologies for the consumer electronics, computing and entertainment industries. The company’s 3-D audio processing technology is incorporated in products made by major manufacturers including Hewlett-Packard, Texas Instruments, Seiko-Epson, Samsung, Everex, Labtec, Panasonic and Proton. It is also available as a software plug-in for the Digidesign ProTools® III system.
QSound Labs is currently marketing its technology to PC/multimedia, home entertainment and consumer electronics industries. The technology has been licensed by PC/multimedia, home entertainment and video arcade leaders Acer, Capcom, Electronic Arts, Fathom Pictures, IBM, Intel, Microsoft, Microprose, Mindscape, NEC, Overtime Sports, and Sega.