Gemstar- Tvguide International Inc & Ors v Virgin Media Ltd & Anor [2011] EWCA Civ 302 (29 March 2011)

Gemstar- Tvguide International Inc & Ors v Virgin Media Ltd & Anor [2011] EWCA Civ 302 (29 March 2011)

The Transfer Patent was anticipated by the Toshiba prior art because the skilled person would understand the prior art as clearly disclosing the transfer of both edited programme information and the recorded programme to a second disk, thus meeting the requirements of the patent claim. The Favourites Patent was...

Source-derived case information.

Citation
[2011] EWCA Civ 302
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
Patent Infringement and Revocation Appeal / Appeal From High Court (patents Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Patent Infringement, Patent Validity, Novelty, Anticipation, Claim Construction, Electronic Programme Guides
Intellectual Property Patents Patent Infringement Patent Validity Novelty Anticipation Claim Construction Electronic Programme Guides

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

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

Patent Infringement and Revocation Appeal / Appeal From High Court (patents Court) to Court of Appeal

Legal Issues

  1. 1 Whether the Transfer Patent is anticipated by Toshiba prior art and thus lacks novelty
  2. 2 Whether the Favourites Patent is anticipated by 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 person would understand the prior art as clearly disclosing the transfer of both edited programme information and the recorded programme to a second disk, thus meeting the requirements of the patent claim. The Favourites Patent was anticipated by the SuperGuide prior art because, on a proper construction, 'channels available for viewing' referred to all channels listed by the system, not just those actually receivable, and the prior art disclosed all claim features.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Gemstar-TVGuide International Inc and others is dismissed.
  • The findings of invalidity of the Favourites and Transfer Patents are upheld.