Although it only posted the press release
today, a week ago Nielsen//NetRatings announced that it had also sued
SageMetrics, Sane Solutions, Visual Sciences for patent infringement, as Eric
Peterson noted in his blog.
This follows suing Coremetrics and Omniture on May 19th.
My guess is that the second group refused to pay royalties to
Nielsen//NetRatings even after their larger competitors were sued, so NetRatings
did the, "Have a nice day" routine. Given that NetRatings has talked to ten companies, the others are either paying up or bracing for suit round number three.
The patents in question are 5,675,510
(Computer use meter and analyzer); 5,796,952
(Method and apparatus for tracking client
interaction with a network resource and creating client profiles and resource
database); 6,108,637
(Content display monitor); 6,115,680
(Computer use meter and analyzer); 6,138,155
(Method and apparatus for tracking client interaction with a network resource and creating client profiles and resource database); 6,643,696
(Method and apparatus for tracking client interaction with a network resource and creating client profiles and resource database); and 6,763,386
(Method and apparatus for tracking client interaction with a network resource downloaded from a server).
The patents are nice and broad, but interestingly also point to a lot of prior art. (A general rule of thumb is the more prior art you cite, the stronger the patent because you've done your homework.) Although Eric believes that these suits will lead to faster consolidation in the Web analytics space, I don't think it will be that strong a driver. While I think consolidation will continue -- after all, I pointed out a year ago that the major Web analytics vendors had reached feature parity, so consolidation was the next step -- this patent war is not a slam dunk on NetRatings part.
There are a number of ways to deal with a patent argument: pay a royalty, fight in court, or code around it. From my quick reading of the patents, I for one can think of a workaround that would nicely avoid all of NetRatings claims....