Virgin fights off another Rovi patent challenge
Yesterday (May 15), the English High Court again ruled in favour of Virgin Media in its long-running patent dispute with US-based entertainment technology company Rovi.
Rovi has launched several lawsuits against Virgin Media, claiming that the home entertainment provider infringes patents that cover electronic programme guides (EPGs).
EPGs provide on-screen programme listings and information. Digital television subscribers can access EPGs via a set-top box.
In this case, the patent at issue covers “superimposed programme information”, or a way of sending two specific signals to a television or set-top box. One of the signals creates a superimposed information prompt on screen, while the other provides the information.
Virgin had acknowledged that its set-top box infringed the Rovi patent, though counterclaimed for revocation of the patent on grounds of anticipation and obviousness.
Justice George Mann agreed that the concept was obvious and invalidated the patent.
A spokesperson for Virgin Media, said yesterday: “The court today dismissed all elements of Rovi’s patent and we believe none of these claims should ever have been brought. This approach is proving to be expensive for Rovi as they continue to lose in court.”
William Cook, a partner from Marks & Clerk Solicitors and lead partner of the Virgin Media team, said: “We are, of course, delighted with the outcome of this case. It is unusual for so many patents to be asserted at one time in the English courts but our substantial team of lawyers is working closely with Virgin Media and we are delighted that Virgin Media’s position has been vindicated once again.”
Samir Armaly, executive vice president of worldwide intellectual property and licensing for Rovi said that the company will evaluate its opportunity for appeal: “Based on historical UK court statistics, we understood that any patent litigation in the UK could be challenging and protracted. That said this decision covers just one of the patents in Rovi’s extensive worldwide portfolio and we have several other patent trials pending with Virgin.
"We remain committed to defending our valuable IP from ongoing infringement, and protecting the rights and interests of our existing patent licensees in the UK, and are confident that we will ultimately prevail.”
Each of the seven patents enforced by Rovi against Virgin Media in the UK courts has been found to be invalid.
