Sunday February 21, 8:54 pm Eastern Time
Company Press Release
SOURCE: United Video Satellite Group, Inc.
Court Orders United Video
Satellite Group & StarSight Telecast to
Settlement Conference in Tulsa, Oklahoma and
Enters Partial Ruling
TULSA, Okla., Feb. 21 /PRNewswire/ -- On February 19, 1999, the
Honorable Sven Erik Holmes of the U.S. District Court for the Northern
District of Oklahoma issued a partial decision in the declaratory judgment
patent lawsuit brought by United Video Satellite Group, Inc. (Nasdaq: UVSGA
- news) and its subsidiary, Prevue Interactive, Inc. against StarSight Telecast,
Inc. (''StarSight''). Although the Court held that StarSight did not commit
inequitable conduct in obtaining U.S. patent 4,706,121, it has not yet ruled on
the issues of whether Prevue Express, United Video's interactive program
guide product for advanced analog set-top cable boxes, infringes the '121
patent, and whether the '121 patent is invalid. The case has been referred to
Magistrate Judge Claire V. Eagan to schedule a settlement conference prior to
the Court entering additional findings and conclusions with respect to the
remaining issues. Also still to be litigated is United Video's assertion that
StarSight's licensing practices violated the antitrust laws and render the patent
unenforceable. This trial did not involve United Video's TV Guide Interactive
digital program guide currently being deployed by cable operators deploying
digital cable set top converters which is the subject of another lawsuit.
United Video made essentially four claims in its suit against StarSight:
-- Non-infringement of the '121 patent by Prevue Express advanced analog
program guide
-- Invalidity of the '121 patent based upon prior art
-- Violation of the antitrust laws by StarSight (court stayed pending
resolution of 121 issue)
-- Unenforceability of the '121 patent due to inequitable conduct by
StarSight in obtaining the patent and during reexamination proceedings
on the patent
A trial on the issues of invalidity, unenforceability due to inequitable conduct,
and whether United Video's Prevue Express advanced analog interactive
program guide infringes particular claims of the '121 patent was held over the
course of several years. The trial was interrupted at various points upon the
request of the parties who believed that the interests of justice would be served
by suspending the proceedings and the parties instead engaging in settlement
conferences.
As noted by the District Court in discussing inequitable conduct, conduct
before the Patent and Trademark Office (''PTO'') that may render a patent
unenforceable...includes failure to disclose material information or submission
of false material information with an intent to mislead. To be guilty of
inequitable conduct, one must have intended to act inequitably. Gross
negligence or even gross recklessness is not sufficient to establish inequitable
conduct. The law requires that in order to be guilty of inequitable conduct, an
applicant must have intended to deceive the PTO by making a material
misrepresentation or failing to disclose material information. Both of these
elements, intent and materiality, must be proven by clear and convincing
evidence.
''We have always understood that inequitable conduct is a very difficult
defense to prove in patent cases given the standards required. We have
maintained that our advanced analog product does not infringe the '121 patent,
and that the '121 patent is invalid,'' said Peter C. Boylan III, President and
Chief Operating Officer of United Video. ''This lawsuit regarding our
advanced analog Prevue Express interactive program guide has lingered for
several years and we look forward to attending the Court ordered settlement
conference.''
United Video is a 33-year-old global diversified media and communications
company headquartered in Tulsa, Oklahoma. United Video develops, markets
and distributes products like TV Guide Channel, TV Guide Interactive, Prevue
Express, Sneak Prevue, KTLA, WGN and WPIX to over 100 million cable
and satellite subscribers along with many other products and services to cable
and satellite system operators worldwide. United Video also operates and
manages Superstar/Netlink Group, the largest provider of C-band DTH video
services with 1.2 million customers. United Video companies include Prevue
Networks, Prevue International, Prevue Interactive, Sneak Prevue, L.L.C.,
Superstar Satellite Entertainment, UVTV, SpaceCom Systems, SSDS,
Television Games Network, United Video Network Sales, United Video
Enterprise Solutions and United Video Technology Ventures. For up to date
information about the United Video Satellite Group of companies, please
access our Internet home page at uvsg.com. United Video trades
on The Nasdaq Stock Market under the symbol UVSGA. |
