ARTICLE · 09 DECEMBER 2009

High Court rules On Virgin Media Set-Top Boxes

CMS Cameron McKenna Nabarro Olswang

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Virgin Media has successfully defended a patent infringement claim brought against it by Gemstar TV Guide International Inc (Gemstar).

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Chris Watson

Nick Beckett

Isabel Davies

David Sant

(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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