Datascape sues Apple, Amazon and Spotify
Datascape has filed a suit against three music streaming providers before the Düsseldorf Regional Court (case IDs: 4b O 93/18, 4b O 111/18 and 4b O 124/18). The non-practicing entity accuses Apple, Amazon and Spotify of infringing two of its patents.
5 December 2018 by Konstanze Richter
©Tomasz Zajda/Adobe Stock
The technology, from Japanese conglomerate Sony, manages and distributes music data over the internet. It is then used by streaming services, for example to create playlists and synchronise them on other devices.
The intellectual property rights acquired by Datascape in a portfolio from Sony run until 2020, with the former offering global licences for its patents. This is the first time that such patents have been the subject of a lawsuit in Germany; the lawsuit against Spotify concerns only one patent (EP 2 752 851), but Datascape is suing Apple and Amazon over both (EP 2 752 851 and EP 2 755 152).
New counsel for plaintiff
This is Peterreins Schley’s first time advising Datascape, with the outfit recommended for the case by US law firm Mintz Levin. Patent lawyer Peterreins has maintained a close relationship with Mintz Levin for many years, the contact originally occurring through a client. Peterreins Schley regularly teams up with Arnold Porter Kaye Scholer for patent litigation in the US, with one example being their work for Boston Scientific.
Frank Peterreins
According to market information, Hogan Lovells is representing the defendant Spotify. The Düsseldorf patent practice around Andreas von Falck has advised the music streaming service in the past, for example in the dispute against Sisvel.
It is well known that Hogan Lovells and Freshfields Bruckhaus Deringer regularly advise Apple on German patent cases. According to sources, Hogan Lovells is advising the US technology group on the current case.
Hogan Lovells also represents the thrid defendent. The Münich team is lead by Steffen Steininger.
For Datascape
Peterreins Schley (Munich): Frank Peterreins (lead), Thomas Adam, Felix Glöckler (patent attorney)
For Spotify
Hogan Lovells (Düsseldorf): Andreas von Falck
For Apple
Hogan Lovells (Düsseldorf): Andreas von Falck
For Amazon
Hogan Lovells (München): Steffen Steininger
Regional Court Düsseldorf, 4b Chamber
Daniel Voß (presiding judge)
Updated 31.01.2019
