Rovi Guides, Inc. v. BCE Inc., 2022 FC 1388
Justice Lafrenière - 2022-10-24
Read full decision. Automatically generated summary:
The two cases before me are patent infringement and validity proceedings brought under the Patent Act. At issue in the proceedings are certain claims in four patents that relate to “interactive television program guide” [IPG] and “internet protocol television” [IPTV] technology. ... For the reasons below, I find that nothing in the asserted claims was new or inventive as of the date the patents were filed and are therefore invalid. ... The case before me exemplifies the “patent holdup” problem. Rovi’s conduct in this case militates strongly against granting the equitable remedy of an accounting of profits as it would create an incentive for licensing entities to imitate Rovi’s conduct. ... Engaging in patent holdup is a business practice this Court should not condone and the Canadian patent system should not be creating incentives for such unfair practices to occur. ... For the above reasons, I would not be prepared to exercise my discretion in favour of Rovi and grant injunctive relief. ... Rovi’s actions are accordingly dismissed and the Defendants’ counterclaims are allowed.
Decision relates to:
- T-113-18 - ROVI GUIDES INC ET AL v. BCE INC. ET AL
- A-233-22 - which is an appeal from this decision
- T-206-18 - ROVI GUIDES, INC. ET AL v. TELUS CORPORATION ET AL
- A-231-22 - which is an appeal from this decision