The iBiquity Digital complaint to declare invalid three...

a motion filed Tuesday in the U.S. District Court in Wilmington, Delaware. IBiquity sued the two companies, Delaware Radio Technologies and Wyncomm, to remove the threat of litigation, claiming it has “a contractual obligation to indemnify” licensees “against any losses incurred as a result of being sued over their use of HD Radio technology.” But the iBiquity complaint needs to be dismissed for “lack of subject matter jurisdiction and lack of standing, as there is no actual controversy between the parties,” Delaware Radio and Wyncomm argued in their motion. All the complaints against the carmakers have been settled, and Delaware Radio and Wyncomm have never threatened iBiquity itself with a patent suit, they said. Moreover, iBiquity “has not alleged that it has stopped selling or licensing its software, or has lost customers as a result of the remaining Delaware Radio and Wyncomm infringement complaints against the broadcasters “or the alleged indemnity demands,” they said. “Thus, there is no actual or even remote chance of injury here that could support jurisdiction.” IBiquity also has failed to show “any evidence of the existence of a contractual agreement to indemnify the Delaware broadcaster defendants other than a bare one sentence allegation,” they said. Not only does iBiquity “fail to allege that it has evidence of its alleged indemnity obligations, but publicly available documents found on its website directly belie that assertion,” they said. “It is therefore clear that iBiquity’s bare allegation regarding a proposed indemnification agreement does not create jurisdiction or standing."