Rovi’s STB suit against Quebecor will proceed via Zoom

A Federal Court proceeding between Quebecor Inc.'s Videotron and Rovi Guides Inc. that was halted in early March as the COVID-19 pandemic lockdowns began, will resume via Zoom, over the objections of Videotron, a judge has ruled. In a decision released Wednesday, Justice Roger Lafrenière quoted an Australian judge who ruled in a similar matter: "I think we must try our best to make this trial work. If it becomes unworkable then it can be adjourned, but we must at least try." The trial, which had heard from three witnesses from Rovi Guides before it was called off as the lockdowns and associated travel restrictions prevented the hearing from continuing, will resume on May 25 via Zoom, and continue for a maximum of three weeks. Videotron had argued that resuming the trial using video conferencing software would be unfair to it, as Rovi Guides had been able to call witnesses in person, thus giving Rovi an unfair advantage in the proceeding. Lafrenière disagreed, writing in his opinion that "it has now been two months since Rovi’s witnesses testified. As a result, their testimony will certainly not be fresh in the Court’s mind by the time the trial resumes." "In the circumstances, to the extent Rovi may have had an advantage by having three of its witnesses testify in person, such benefit has been lost by the passage of time," Lafrenière wrote, adding that Videotron's request for in-person testimony would delay the trial indefinitely. The trial began on March 9 in Toronto, and continued for four days before being suspended as lockdowns began. The case centres on Rovi Guides’ claim that Videotron is infringing on their copyright by selling its own set top box (STB) products. Rovi Guides, which holds several patents for TiVO used in STB products, is appealing a lower court decision that found it had no evidence to compel non-party entities to hand over information related to its patents. Rovi Guides has also filed similar lawsuits against BCE Inc. and Telus Corp., proceedings that are expected to be held back to back following the Videotron trial.

Rovi’s STB suit against Quebecor will proceed via Zoom

Brief | May 13, 2020

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Rovi’s STB suit against Quebecor will proceed via Zoom

Brief | May 13, 2020

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