By Emily Hoort
Federal Circuit to Re-Consider TIVO Patent-Infringement Case
Bloomberg BusinessWeek reports that the U.S. Court of Appeals for the Federal Circuit will be taking a second look at a previous panel decision holding that Dish and EchoStar were violating TiVo’s digital-video recording patent. The court will consider whether it was error not to give Dish a chance to prove that changes made to Dish software remedied the prior infringement upon TiVo’s patent on “time warp” technology, which allows users to record a TV program and later play it back. TiVo is seeking a court order to halt Dish’s DVR service and to force the company to pay licensing fees. TiVo is also seeking around $300 million in damages, in addition to the $100 million Dish paid after the original judgment.
Supreme Court Declines Appeal of FCC “Must-Carry” Rule
Yahoo reports that the Supreme Court has declined to hear an appeal of the case Cablevision v. FCC, in which Cablevision challenges an FCC “must-carry” rule. “Must-carry” rules require cable television operators to carry local broadcast stations. Cablevision’s appeal was in response to a New York federal appeals court decision holding that Cablevision must carry the signal of a home-shopping station. The Supreme Court’s decision not to hear the appeal accords with previous recommendations of the Obama Administration to avoid challenges to the 18-year-old “must-carry” rule.
Microsoft Files Lawsuit against Salesforce.com
CNET reports that Microsoft has filed a federal lawsuit against Salesforce.com. Microsoft claims that Salesforce.com has infringed on nine patents involving back-end and user interface features. This is only the fourth patent-infringement lawsuit that Microsoft has ever brought against one of its competitors. Previous Microsoft cases have been settled quickly, but the trajectory for this lawsuit is unclear. Microsoft is seeking a jury trial, triple damages and injunctions. Thus far, Salesforce.com has declined to comment.