MONTREAL – Videotron’s illico set top box platform does not violate patented technology claimed by a subsidiary of U.S.-based Xperi, a Federal Court judge ruled in a decision released yesterday.
Xperi is the parent company of digital entertainment technology company Rovi, which has for years brought lawsuits against Canada’s big broadcasters for alleged infringement of technology in their viewing devices. Rovi has previously had licensing agreements with the major television service providers, including Bell, Rogers, Shaw and Videotron. The patented technology at issue involves the software that displays television program listings for a user to navigate, called an “interactive television program guide.”
Rovi alleged that Videotron infringed four of the company’s patents after the launch of illico New Generation in 2012 and after Videotron declined to renew the licence agreement in 2016. Videotron denied the patent claims, claiming that they are “straightforward and routine design choices for user interfaces and system access methods for STB…that no technological problem has been identified for which the claimed subject matter provides a solution, and there is nothing novel or inventive in the Patents,” according to court documents.
Judge Roger Lafreniere agreed with Videotron, stating that the patent claims are “invalid because they are either anticipated and/or obvious having regard to the prior art and common general knowledge of the skilled person.” By the start of trial, the patents had already expired.
In a press release before the decision was made public, Videotron said it was “pleased” with the verdict.
“This ruling is an important victory for Videotron and all technology companies that grapple with organizations whose practices are akin to those of patent trolls, which create no value for society and cost millions of dollars per year,” said Pierre Karl Péladeau, president and CEO of Videotron parent Quebecor. “Patents should reward innovation, not hinder it. We have shown that businesses should not give in to unjustified threats. Quebecor and Videotron will continue to vigorously defend their interests.”
Quebecor added in the release that “anti-trolling provisions” should be added to the Patent Act to “end this type of abuse of process.”
Patent “trolling” is the name often given to highly litigious parties who buy patents and try to extract large sums of money from legal settlements as a business practice. It is a term often colloquially used by experts in the world of copyright law to describe certain U.S. movie studios that have tried to sue Canadians for alleged copyright infringement for downloading movies.
