Virgin Media boxes safe (for now)

It seems a very long time since the IPKat noted here of the impending battle between the (then Murdoch-owned) Gemstar and Virgin Media. The battle itself took place earlier this year over an astonishing 13 days at the High Court. This has now culminated in a very long judgment from Mr Justice Mann in the Patents Court that was delivered earlier today and has just been made available here.

As the judgment is so long, the IPKat will leave providing a detailed summary until later, but for now notes that all three of Gemstar's patents (see the IPKat's previous post for details) relating to electronic programme guides were found by Mann J to be invalid for lack of novelty or inventive step, and therefore not infringed. Two of them were also found, for good measure, to be unpatentable for relating to computer programs or presentations of information as such (or, if you prefer, lacking a "technical contribution"). For those of a suitable frame of mind, there is yet more extensive Aerotel-type analysis of what constitutes patentable subject matter at paragraph 33 onwards. Others, however, may prefer to wait until the Enlarged Board make their decision, which might just arrive in time for this case to be decided all over again at the Court of Appeal.