Delaware Magistrate Judge Recommends Finding Nielsen Audience Measurement Patent Ineligible

"Nielsen initially sued VideoAmp, claiming infringement of its U.S. Patent Nos. 11,871,058 and 11,856,250. Both patents are titled "Methods and Apparatus to Determine a Duration of Media Presentation Based on Tuning Session Duration." That complaint was dismissed in March 2025 after a judge found all claims of both patents ineligible. Several days later, Nielsen sued VideoAmp again, accusing it of infringing its U.S. Patent No. 12,063,402, titled "Methods and Apparatus to Correlate Census Measurement Data with Panel Data." According to today's opinion, the '402 patent is 'generally directed to associating identified user data with media being displayed.'"

"VideoAmp argued that the claims of the '402 patent were directed to 'the abstract idea of 'associating demographic data with media content using location.'' But Nielsen argued that the relevant claim 'recites a technological solution to the 'Out-of-Home Problem' - i.e., a technological problem of how to accurately report demographic information for individuals who watch media content outside of their homes, such as at a bar.' The district court agreed with VideoAmp, noting that 'the claim is drafted in broad functional language, claiming the ultimate result of associating viewer data and media data rather than any particular method of achieving that result.'"

Nielsen sued VideoAmp on multiple patents relating to audience measurement, including U.S. Patent No. 12,063,402, which concerns correlating census measurement data with panel data and associating identified user data with displayed media. Earlier asserted patents on tuning-session-based duration were previously held ineligible and dismissed. VideoAmp argued the '402 claims recite the abstract idea of associating demographic data with media using location. Nielsen contended the claims provide a technological solution to the Out-of-Home Problem. The district court agreed with VideoAmp, finding the claims use broad functional language focused on results rather than particular technological methods and lack an enabling technological improvement.

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