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Gemstar-TV Guide sues Virgin Media over patent infringement

Gemstar-TV Guide International, a Los Angeles based company part owned by Rupert Murdoch's News Corporation, has begun legal proceedings in the British High Court against Virgin Media for an alleged infringement regarding electronic program guides.

Samir Armaly, Executive Vice-president for IP and Licensing at Gemstar, said "We have worked diligently to license Virgin Media for their distribution of various set-top boxes that contain IPGs (Interactive Programme Guides) covered by our patents, but negotiations did not lead to a resolution … While we would have preferred to reach a commercial solution with Virgin Media, we ultimately have a responsibility to our shareholders, licensees, and other stakeholders to protect the value of our intellectual property."

However, a Virgin Media representative has hit back and suggested that Gemstar's case is "a piece of flagrant opportunism" and that "We have been advised by our external counsel that the case is without merit and we will defend it vigorously."

The case surrounds three patents, EP0969662 (2000), EP1377049 (2004) and EP1613066 (2006), which cover a television schedule system, user interface for a television schedule system and electronic programme guide with digital storage.

Because the UK has had digital television for longer than the US, there is a suggestion that Virgin will be able to argue prior art. If Gemstar were to lose this case it could set a global precedent of patent cases regarding IPG's.

As IPGs are the common face of digital TV in the UK, which incidentally will be all digital by the end of 2008, the outcome of this case could affect many other broadcasters and television channels.

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