Change of Venue Ordered in Rovi/Comcast Patent Dispute
Rovi patent infringement complaints against Comcast and Arris are moving from federal court in Texas to Manhattan. In an order Tuesday, U.S. Magistrate Judge Roy Payne of Marshall, Texas, approved motions by Comcast and Arris for a change of venue.…
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In his order, Payne cited the forum-selection clauses that were part of the 2004 agreements between Rovi and Comcast for creating a joint venture to develop interactive program guides and the cable operator's 2016 lawsuit against Rovi in U.S. District Court in Manhattan, alleging Rovi's institution of patent infringement and International Trade Commission enforcement actions were a breach of their patent and license agreements. The judge also rejected Rovi's arguments that the technology and conduct in the patent infringement suits aren't covered by the software agreement that includes forum-selection language. Payne said he agreed with Rovi that Arris hasn't raised a nonfrivolous defense to patent infringement, but all of Rovi's infringement actions are being transferred to U.S. District Court in Manhattan. That's because of the Comcast/Rovi software agreement requiring the plaintiff to litigate the Comcast dispute there, and some infringement claims are based on divided or indirect infringement that involves defendants other than the operator. Rovi didn't comment Wednesday.