In the latest matter concerning Adeia Guides Inc’s (“Adeia”, formerly “Rovi Guides Inc”) patent enforcement campaign against Canadian cable service providers,1 the Federal Court held, for the first time, a party liable for patent infringement under the doctrine of common design. The Court’s reasons also offer important guidance to IP litigants who seek damages in the form of lost licensing revenue.
Background
In the present matter, Adeia sued Videotron alleging, among other things, that its “Helix TV” internet protocol television (“IPTV”) and “VRAI” over-the-top (“OTT”) cable services infringed four patents within Adeia’s patent portfolio related to interactive program guide (“IPG”) and “resume viewing” technologies. Adeia had previously licensed its portfolio to Videotron to address these technologies, but this licensing arrangement concluded in 2017. Videotron then partnered with Comcast to deploy its XFINITY IPTV services under the Helix TV brand, while its VRAI OTT service was
