Gemstar- Tvguide International Inc & Ors v Virgin Media Ltd & Anor

Gemstar- Tvguide International Inc & Ors v Virgin Media Ltd & Anor

The Transfer Patent was anticipated by the Toshiba prior art because the skilled reader would understand that both edited index information and the recorded program are transferred to a second disk, thus disclosing all elements of the claim. The Favourites Patent was anticipated by SuperGuide because, on proper construction, 'channels available for viewing by the user' refers to all channels listed by the system, not just those actually receivable, and SuperGuide disclosed this feature.

Parties
Claimant/appellant: Gemstar-TVGuide International Inc; Claimant/appellant: Starsight Telecast Inc; Claimant/appellant: United Video Properties Inc; Defendant/respondent: Virgin Media Ltd; Defendant/respondent: Virgin Media Payments Ltd
Jurisdiction
England and Wales
Judgment Date
29 March 2011
Procedural Posture
Civil Appeal (patents/infringement and Revocation) / Appeal From High Court (chancery Division, Patents Court)
Outcome
Appeal dismissed
Legal Topics
Patent Infringement, Patent Revocation, Novelty, Anticipation, Claim Construction
Intellectual Property Patents Patent Infringement Patent Revocation Novelty Anticipation Claim Construction

Case Brief

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Parties

Gemstar-TVGuide International Inc

Claimant/appellant

Starsight Telecast Inc

Claimant/appellant

United Video Properties Inc

Claimant/appellant

Virgin Media Ltd

Defendant/respondent

Virgin Media Payments Ltd

Defendant/respondent

Procedural Posture

Civil Appeal (patents/infringement and Revocation) / Appeal From High Court (chancery Division, Patents Court)

Legal Issues

  1. 1 Whether the Transfer Patent is anticipated by the Toshiba prior art and thus lacks novelty
  2. 2 Whether the Favourites Patent is anticipated by the SuperGuide prior art and thus lacks novelty, based on claim construction

Ratio Decidendi

The Transfer Patent was anticipated by the Toshiba prior art because the skilled reader would understand that both edited index information and the recorded program are transferred to a second disk, thus disclosing all elements of the claim. The Favourites Patent was anticipated by SuperGuide because, on proper construction, 'channels available for viewing by the user' refers to all channels listed by the system, not just those actually receivable, and SuperGuide disclosed this feature.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.