By Denis Carmel
MONTREAL – In a motion filed on June 23, 2017, Rovi/Tivo accused Videotron of patent infringement on components inside set-top boxes which Videotron uses to provide programming to its subscribers.
The U.S. company, called Rovi until it purchased TiVo and changed its name in 2017 also filed similar claims against BCE on January 19, 2018, and Telus on February 2, 2018. The Videotron portion of the trial commenced on March 9, 2020, and was adjourned after four days, in light of the Covid-19 pandemic.
The BCE and Telus portions had been scheduled for May 25th and were also pushed back.
Initially, Videotron objected to a trial via Zoom, since the Rovi witnesses had had the privilege to appear in person, back in March. The presiding judge disagreed, arguing these testimonies will be two months old and not really fresh in the mind of the court. Videotron also argued about the security aspects concerning the Zoom platform, the judge felt confident those issues had been dealt with by Zoom and so it would be used.
Zoom also provides “breakout rooms” for virtual in camera hearing which had been used in the March portion of the trial.
So the case is going forward, as is the TPIA wholesale fee appeal.
The trials with BCE and Telus had been scheduled to be heard consecutively but because of the delay, parties are still discussing dates but are expected to be heard by the same judge, Justice Lafrenière.
At the heart of the issue is the fact that Rovi holds, amongst many others, Canadian patents that allows the user to pause, fast-forward and rewind live television, known as “trick play” technology. It also holds the patent that allows the user to record a program while listening to the same program or another. This is known as “time warp.”
The company argues any set top box using those functionalities must pay a royalty. Shaw has already concluded a deal with Rovi. In the United States, Comcast has fought many patent battles with the company.
Although Videotron, BCE and Telus are distributors and the set top boxes were supplied by Samsung and Technicolor, the latter will only be witnesses.
The trial is scheduled to last a further three weeks.
