The High Court has delivered its judgment in an eighth patent claim brought by Rovi against Virgin Media. Mr John Baldwin QC, sitting as a Deputy Judge of the High Court, comprehensively dismissed Rovi’s claim.
Rovi’s claim centred on the ability to pause-and-resume On Demand and live programming on different set-top boxes. Rovi asserted that Virgin Media TiVo’s ability to pause a programme on one set-top box and resume it on another set-top box infringed some aspects of a Rovi patent. The judge rejected the assertion by finding Rovi’s entire patent to be invalid.
This is the eighth patent claim brought by Rovi found to be invalid. It is anticipated that, as happened for the previous seven, Rovi will again be ordered to reimburse Virgin Media for its legal costs.
Will Cook, Partner at Marks & Clerk Solicitors (which represented Virgin Media and TiVo) commented: “This is another comprehensive victory for Virgin Media and TiVo, and is further justification of their position rejecting Rovi’s assertions over several years. In addition to the invalidation of eight patents in the High Court, Virgin Media has also opposed around 40 Rovi patents at the European Patent Office, resulting in a further six being found invalid so far.”
Brigitte Trafford, Chief Corporate Affairs Officer at Virgin Media, said: “Rovi has now lost eight times as their patents continue to be found invalid. We believe these claims should never have been brought.”