Gemstar-Tv Guide International Inc & Ors v Virgin Media Ltd & Anor

Gemstar-Tv Guide International Inc & Ors v Virgin Media Ltd & Anor

All three patents in suit are invalid: the Single Channel and Favorites patents are excluded from patentability as computer programs and presentation of information as such, and are also obvious or anticipated over prior art including SuperGuide and Gurney; the Transfer patent is anticipated by Toshiba. Even if valid, the patents would not be infringed by Virgin's system.

Parties
Claimant: Gemstar-TV Guide International Inc.; Claimant: Starsight Telecast Inc.; Claimant: United Video Properties Inc.; Defendant: Virgin Media Limited; Defendant: Virgin Media Payments Limited
Jurisdiction
England and Wales
Judgment Date
26 November 2009
Procedural Posture
Patent Infringement and Revocation / Final Judgment
Outcome
patents revoked
Legal Topics
Patentable Subject Matter, Novelty, Obviousness, Infringement, Excluded Matter, Amendment of Claims
Intellectual Property Patent Law Patentable Subject Matter Novelty Obviousness Infringement Excluded Matter Amendment of Claims

Case Brief

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 5 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Gemstar-TV Guide International Inc.

Claimant

Starsight Telecast Inc.

Claimant

United Video Properties Inc.

Claimant

Virgin Media Limited

Defendant

Virgin Media Payments Limited

Defendant

Procedural Posture

Patent Infringement and Revocation / Final Judgment

Legal Issues

  1. 1 Whether the patents in suit are invalid for excluded subject matter under section 1(2) of the Patents Act 1977
  2. 2 Whether the patents lack novelty or are obvious over prior art
  3. 3 Whether the patents are infringed by Virgin's set-top box system

Ratio Decidendi

All three patents in suit are invalid: the Single Channel and Favorites patents are excluded from patentability as computer programs and presentation of information as such, and are also obvious or anticipated over prior art including SuperGuide and Gurney; the Transfer patent is anticipated by Toshiba. Even if valid, the patents would not be infringed by Virgin's system.

Court Disposition

patents revoked

Orders

  • All three patents (EP 0969662 B1, EP 1337049 B1, EP1613066 B1) are revoked for want of patentable subject matter, lack of novelty, and obviousness.
  • Applications to amend the patents are refused.