Quu Sues BE Systems on an Interactive Radio Advertising Patent.

Quu, Inc. v. BE Systems, Inc., No. 1:26-cv-01453 (D. Del.), is a patent complaint filed November 11, 2026, for damages and preliminary injunctive relief. The complaint names the defendant as BE Systems, Inc. d/b/a Broadcast Electronics. It says Quu is a Washington corporation based in Naples, Florida, and that BE Systems is a Delaware corporation based in Quincy, Illinois. It says Quu owns the entire right, title, and interest in U.S. Patent 8,918,333, including the right to sue for past, present, and future infringement. The complaint demands a jury trial. Venue is pleaded under 28 U.S.C. § 1400(b).

The patent and the asserted claims

U.S. Patent 8,918,333, Method, system and apparatus for interactive radio advertising, issued December 23, 2014. The complaint asserts claims 10 and 12. Claim 10 covers a system comprising an individual radio station server arranged to broadcast radio content via a transmitter; an interactive radio server arranged for communications with the radio station server; and a database accessible to the interactive radio server and arranged to store a plurality of first supplemental data items, each associated with at least one media item comprising a song or an advertisement; in which the individual radio station server is arranged to send a message to the interactive radio server identifying, substantially in real time, a specific radio content item now playing on the radio station server, the interactive radio server is configured to query the database and download a first supplemental data item associated with that item, and the interactive radio server is further configured to send that item in a reply message to the radio station server so as to enable the radio station server to broadcast it substantially simultaneously with the content now playing, the first supplemental data item comprising textual content for delivery on a display screen of a user device currently receiving that radio content. Claim 12 covers the system of claim 10 in which the interactive radio server is arranged to post the supplemental data item to a website associated with the radio station server.

What the complaint alleges

The complaint accuses BE Systems' TREPlus product and services, including configurations that use Linked Messages, of infringing claims 10 and 12, directly and indirectly. It alleges that Quu and BE Systems compete to supply visual-radio capabilities to radio broadcasters, that a Quu customer gave notice of cancellation of its agreement with Quu, effective January 2027, and that BE Systems offered TREPlus to that customer as a replacement. It says that on November 4, 2026, a written notice of infringement was sent to BE Systems by email and overnight delivery, identifying the '333 patent and enclosing a copy of the patent and a claim chart for claims 10 and 12, and that counsel for BE Systems confirmed receipt on November 5, 2026. It alleges that BE Systems has had actual knowledge of the patent and of Quu's infringement charge since no later than November 5, 2026, and that continued making and use of the accused systems after that notice is deliberate and willful. Count I alleges direct infringement of claims 10 and 12 under 35 U.S.C. § 271(a). Count II alleges induced infringement under § 271(b) and contributory infringement under § 271(c).

The prayer

The prayer asks for judgment of direct, induced, and contributory infringement of claims 10 and 12; damages under 35 U.S.C. § 284, including lost profits from lost sales and price erosion, in an amount no less than a reasonable royalty, with costs, pre- and post-judgment interest, and an accounting as needed; reasonable attorneys' fees under 35 U.S.C. § 285 if the court determines the case is exceptional; a finding of willful infringement and enhanced damages under § 284; a preliminary and permanent injunction under 35 U.S.C. § 283 prohibiting further infringement of those claims, including inducement and contributory infringement; in the alternative to a permanent injunction, an ongoing royalty; and further relief the court deems appropriate and just.

What to watch next

Watch for the defendant's answer, a Rule 12 motion, or a scheduling order.