Federal Circuit Upholds Damages Award Against Echostar By Andrew Ungberg — Edited by Wen Bu TiVo, Inc. v. EchoStar Commc’n Corp. Federal Circuit, January 31, 2008, No. 2006-1574 Slip Opinion The U.S. Court of Appeals for the Federal Circuit upheld in part and reversed in part an Eastern District of Texas jury verdict finding that EchoStar’s DVR machines infringed hardware and software claims of TiVo’s patent. Writing for a unanimous panel, Judge Bryson found that EchoStar’s devices infringed TiVo’s software ... Read More...

Second Circuit Holds Copyright Class Action Claims Must Be Based on Registered Copyright By Andrew Ungberg — Edited by Wen Bu In Re Literary Works in Electronic Databases Copyright Litigation Second Circuit, November 29, 2007, No. 05-5943-cv(L) Slip Opinion On November 29, the Court of Appeals for the Second Circuit vacated and remanded a decision of the District Court for the Southern District of New York to certify a class of freelance authors and accept a settlement of their copyright ... Read More...

Federal Circuit Decides to Rehear Important Design Patent Case En Banc By Andrew Ungberg – Edited by Wen Bu Egyptian Goddess, Inc., v. Swisa, Inc. Federal Circuit, November 26, 2007, No. 2006-1562 Order Update: On September 22, 2008, the en banc Federal Circuit affirmed the decision of the District Court for the Northern District of Texas, which had granted summary judgment in favor of Swisa, Inc, finding that no jury could reasonably find Swisa’s nail-buffer design infringed Egyptian Goddess’s design patent. ... Read More...