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9 April 2014Patents

Rovi loses appeal in Amazon patent battle

A US technology company has had its appeal thrown out after a patent battle against online retailer Amazon.

Rovi Corporation had filed a lawsuit against Amazon accusing it of infringing two patents, one related to an electronic television guide and one for selecting and purchasing a pay-per-view television programme.

The licensing company sued in 2011 at the US District Court for the District of Delaware but the court ruled that the patent’s claims could not be defined in a way that would warrant litigation.

Rovi then took the case to Court of Appeals for the Federal Circuit but in an opinion released yesterday, April 8, the court upheld the initial decision.

In its infringement claims Rovi said Amazon had expanded its video and online services through new products like the recently announced Fire TV, an internet-connected TV set-top box.

The court’s decision centred on whether the patents’ coverage of “data feed” included transmissions sent directly over the internet and if the phrase “interactive program guide” was limited to screens identifying the channels and times when TV shows would air, rather than listing TV shows.

Despite the court rejecting the claims, Rovi said it will “continue to pursue” Amazon to take licences on its patent portfolio.

“It should be noted that this decision relates to only two patents in our extensive portfolio,” said Samir Armaly, executive vice president, worldwide IP property and licensing at Rovi.

“We believe that our portfolio is even more relevant to Amazon today and going forward than when the present litigation began.”

Rovi’s portfolio includes more than 5,000 issued patents and pending applications covering a range of fundamental digital entertainment capabilities related to video on demand, interactive applications, and multi-screen functionality.

Amazon did not respond to immediate requests for comment.

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