Sabela Media Inc., a wholly owned subsidiary of network advertising company 24/7 Media Inc., yesterday filed a countersuit against network advertising company DoubleClick alleging that it violated the federal antitrust laws by failing to disclose material information to the U.S. Patent Office.
The countersuit is part of a pending case DoubleClick brought against Sabela in December involving DoubleClick’s patent.
In a separate action, 24/7 had filed suit in May against DoubleClick for patent infringement. That suit alleges that DoubleClick infringed on 24/7’s patent for providing targeted content and advertising to viewers. 24/7 seeks injunctive relief.
DoubleClick spokesperson Jennifer Blum said the claims are baseless. The lawsuits are filed in the Federal District Court for the Southern District of New York.
In another case involving similar charges, Internet advertising and direct marketing firm L90 Inc., filed a lawsuit Friday against DoubleClick Inc. over its patent. DoubleClick had filed suit against L90 for patent infringement in November.
The lawsuit alleges unfair business practices, including that DoubleClick fraudulently acquired its U.S. patent for serving ads on the Internet. L90 said it is seeking damages “well into the nine figures,” according to L90 CEO John C. Bohan.
According to DoubleClick, the patent is for technology pioneered by DoubleClick that delivers Internet advertising by a third-party server to a network of Web sites or an individual site. The patent was granted in September 1999.
Thomas J. Nolan of Howrey Simon Arnold & White LLP, L’90’s outside counsel for the lawsuit, said in a statement that “DoubleClick committed fraud on the patent office in obtaining its patent, and therefore the patent is unenforceable.”
L90 charges that companies serving ads prior to DoubleClick’s patent application are examples that invalidate the patent. The suit was filed in the Federal District Court for the Southern District of New York. Both companies are based in New York.
Elizabeth Wang, vice president and general counsel of DoubleClick, said in a statement that L90’s counterclaims are “retaliatory and baseless.”
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