Rovi Solutions Corporation & Anor v Virgin Media Ltd & Ors [2014] EWHC 2301 (Pat) (14 July 2014)

Rovi Solutions Corporation & Anor v Virgin Media Ltd & Ors [2014] EWHC 2301 (Pat) (14 July 2014)

The claims as proposed to be amended are obvious in light of the DAVIC prior art and common general knowledge. DAVIC teaches the relocation feature central to the patent, and the skilled addressee would find the claimed invention obvious. None of the claims as proposed to be amended are valid. Permission to amend is refused and the patent is revoked.

Citation
[2014] EWHC 2301 (Pat)
Parties
Claimant: ROVI SOLUTIONS CORPORATION; Claimant: UNITED VIDEO PROPERTIES, INC.; Defendant: VIRGIN MEDIA LIMITED; Defendant: VIRGIN MEDIA PAYMENTS LIMITED; Defendant: TIVO INC
Jurisdiction
England and Wales
Judgment Date
14 July 2014
Procedural Posture
Patent Infringement and Validity / First Instance Judgment After Trial
Outcome
Patent revoked; permission to amend refused.
Legal Topics
Patent Validity, Inventive Step, Obviousness, Prior Art, Amendment of Claims
Intellectual Property Patents Patent Validity Inventive Step Obviousness Prior Art Amendment of Claims

Case Brief

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Parties

ROVI SOLUTIONS CORPORATION

Claimant

UNITED VIDEO PROPERTIES, INC.

Claimant

VIRGIN MEDIA LIMITED

Defendant

VIRGIN MEDIA PAYMENTS LIMITED

Defendant

TIVO INC

Defendant

Procedural Posture

Patent Infringement and Validity / First Instance Judgment After Trial

Legal Issues

  1. 1 Whether the amended claims of European Patent (UK) 1,327,209 B1 are valid over the prior art (DAVIC) on the ground of lack of inventive step
  2. 2 Whether the patent discloses an inventive concept not rendered obvious by DAVIC and common general knowledge
  3. 3 Whether permission to amend the claims should be granted

Ratio Decidendi

The claims as proposed to be amended are obvious in light of the DAVIC prior art and common general knowledge. DAVIC teaches the relocation feature central to the patent, and the skilled addressee would find the claimed invention obvious. None of the claims as proposed to be amended are valid. Permission to amend is refused and the patent is revoked.

Court Disposition

Patent revoked; permission to amend refused.

Orders

  • Permission to amend the claims refused.
  • European Patent (UK) 1,327,209 B1 revoked.