TiVo Wins Five Year Battle Over Patent Infringement with EchoStar
By Katy Yang – Edited by Kassity Liu
TiVo Inc. v. EchoStar Corp., No. 2009-1374 (E.D. Tex., March 4, 2010)
The United States Court of Appeals for the Federal Circuit affirmed a decision by the United States District Court for the Eastern District of Texas, which had found EchoStar in contempt of a permanent injunction order that was issued by the court in an earlier judgment in which two types of EchoStar receivers were found to infringe on TiVo’s time-shift technology patent. The order had required EchoStar “to stop making, using, offering to sell, and selling the receivers” and “to disable the DVR functionality in existing receivers, with the exception of select receivers that had already been placed with its subscribers.”
The Federal Circuit held that the district court did not abuse its discretion in holding contempt proceedings for adjudicating the continued infringement of EchoStar’s redesigned receivers, nor did it commit clear error in finding continued infringement by these receivers. It also held that the district court’s injunction was clear enough to provide reasonable notice of the order to disable the DVR function in all infringing receivers, and upheld the provision of the injunction requiring EchoStar to notify the court of additional redesign attempts and to seek approval before executing a design-around.
Bloomberg and the Associated Press provide overviews of the case. Gordon Patent Cases summarizes some of the legal issues in the decision, and Beta News provides a detailed comparison of the majority and dissenting opinions. (more…)