(Adds comment from Rovi, paragraphs 5-6)
WASHINGTON, April 8 Rovi, which sells
television guide programs to cable providers, lost a patent
fight with Amazon.com on Tuesday when a federal appeals
court upheld a U.S. district judge's ruling in favor of the
world's largest online retailer.
Rovi had accused Amazon of infringing on two patents, one
that creates an electronic program guide on a television screen
and another that allows a viewer to select and purchase a
In both patents, Judge Richard Andrews of the U.S. District
Court for the District of Delaware had narrowly defined what the
"claims," or portions of patents, did in such a way that forced
Rovi to drop its argument for infringement.
Rovi asked the U.S. Court of Appeals for the Federal
Circuit, which specializes in patent appeals, to broaden the
patent claim definitions to allow it to proceed. But the court
denied its request, siding with Amazon.
Rovi said it was disappointed by the decision and that it
would continue to litigate against Amazon's use of other
"It should be noted that this decision relates to only two
patents in our extensive portfolio," said Samir Armaly, Rovi
executive vice president for intellectual property. "We believe
that our portfolio is even more relevant to Amazon today and
going forward than when the present litigation began in early
Amazon did not respond to requests for comment.
(Reporting by Diane Bartz; Editing by Cynthia Osterman and