High Court rules On Virgin Media Set-Top Boxes

(1) Gemstar-TV Guide International Inc. (2) Starsight Telecast Inc. (3) United Video Properties Inc. v (1) Virgin Media Limited (2) Virgin Media Payments Limited [2009] EWHC 3068 (Ch)

Virgin Media has successfully defended a patent infringement claim brought against it by Gemstar TV Guide International Inc (Gemstar). Gemstar sued Virgin Media for alleged infringement of three of its patents relating to EPGs. These consist of the "Single Channel Patent", the "Favourites Patent" and the "Transfer Patent". Virgin Media denied the infringement and sought the revocation of the patents. Justice Mann held that two of the patents were found to be unpatentable for lacking a technical contribution and were therefore excluded. In addition, the patents in dispute were invalid for lack of novelty or inventive step and as a result, even if they were not excluded from patentability, were not infringed.

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(1)Gemstar-TV Guide International Inc. (2) Starsight Telecast Inc. (3) United Video Properties Inc. v (1) Virgin Media Limited (2) Virgin Media Payments Limited [2009] EWHC 3068 (Ch)

Virgin Media has successfully defended a patent infringement claim brought against it by Gemstar TV Guide International Inc (Gemstar). Gemstar sued Virgin Media for alleged infringement of three of its patents relating to EPGs. These consist of the "Single Channel Patent", the "Favourites Patent" and the "Transfer Patent". Virgin Media denied the infringement and sought the revocation of the patents. Justice Mann held that two of the patents were found to be unpatentable for lacking a technical contribution and were therefore excluded. In addition, the patents in dispute were invalid for lack of novelty or inventive step and as a result, even if they were not excluded from patentability, were not infringed.

Background

The patents involved techniques for providing electronic programming guides (EPG) and handling recordings from those EPGs. Until electronic means of broadcasting programme information became available, EPG information was mainly provided in paper form, an example of which is the Radio Times. Virgin Media had provided its subscribers with set-top boxes, which enable them to receive and record its programmes. The box broadcasts programme information and box displays it on the TV as an EPG.

One of the features of the Virgin EPG is that it allows the viewer to switch from a grid display to a single channel...