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August 5, 2008

Valueclick Joins Gang-up on Tacoda

Valueclick has filed suit against AOL's behavioral targeting firm Tacoda, claiming patent infringement. As Congress and the Federal Trade Commission sharpen their focus on the sector, the continued flow of lawsuits over behavioral ad targeting technologies indicates the potential for success outweighs any government threats.

According to Federal District Court filings, Valueclick filed a patent infringement suit against Tacoda in California District Court on July 15. Not much seems to have occurred yet besides judge reassignments. Valueclick beefed up its behavioral capabilities last month.

Whether Valueclick has a chance with this one is anyone's guess. The company settled a patent infringement case against behavioral targeting firm Revenue Science in February. The docket notes on that case state, "ValueClick and Revenue Science shall each bear their own costs, expenses and fees. IT IS SO ORDERED."

After AOL bought Tacoda, it became subject to a patent suit – almost exactly a year ago -- from a little known firm that seemed to be pushing its way into the behavioral space with little history in it before that. That suit, filed in New York by Modavox, an online broadcasting media production firm-turned-software provider, appears to be ongoing without much movement.

Of course, neither AOL/Tacoda nor Revenue Science would comment. No one is available from Valueclick to speak at this point, either.

Posted by Kate Kaye at August 5, 2008 2:13 PM

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