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1. TiVo Inc. v. EchoStar Corp.
Patent Infringement
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2. Introduction
TiVo Inc. v. EchoStar Corp. patent
infringement case was presented in the
United States District Court.
It was in Eastern District of Texas as well as
the United States Court of Appeals of the
Federal Circuit.
The case took place between 2004 and 2011.
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3. Lawsuit
TiVo Inc. was suing EchoStar Corp. claiming that
it had infringed its DVR technology patent.
Several issues were addressed during the
litigation. They included:
product redesign infringement
injunctions wording
patent infringement
contempt sanctions
court orders’ contempt
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4. Case
A permanent injunction was issued by the court
against EchoStar Corp.
EchoStar appealed against this judgment in the
United States Court of Appeals for the Federal
Circuit.
The infringement judgment was reversed by the
Federal Circuit court after review.
This was due to hardware claims.
However, infringement due to software claims was
affirmed by the court.
The injunction issued by the District Court was
maintained during the court of appeals’
proceedings.
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5. Court Ruling
According to the court, EchoStar Corp was
not only in contempt of the court.
This was due to its non-compliance with the
injunction and its infringement the patent of
TiVo Inc.
EchoStar appealed against the contempt of
court judgment in the Federal Circuit.
However, EchoStar Corp arguments did not
move the court.
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6. The court affirmed the ruling and EchoStar
was mentioned for rehearing at the en banc.
After review, en banc Federal Circuit noted
that KSM test could not work.
It established a new post-infringement
contempt proceeding test.
The existing contempt test was replaced by
the court with a one-step test.
This simplified test made it difficult for
holders of patent to prove contempt due to
repeat infringement.
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7. Proceedings
Upon vacation, en banc Federal Circuit
remanded infringement provision of a
permanent injunction.
It affirmed the contempt judgment in respect
to violation of Disablement provision.
This implied that court held EchoStar in
contempt of court.
However, the two parties in the case reached
an agreement, EchoStar Corp. paid licensing
fee to TiVo Inc.
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8. On 29th
April 2011, the companies reached a
settlement worth $500 million.
EchoStar Corp. accepted to license TiVo Inc.’s
DVR technology.
Additionally, the pending litigations were set for
dismissal with prejudice and injunctions
dissolved.
However, en banc federal did not dismiss the
Federal Circuit appeal since a decision had been
reached before a settlement.
All parties therefore were free on remand to ask
the District court to dismiss complaint and to
vacate sanctions that had been imposed before
die to settlement.
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9. For More Information About
TiVo Inc. v. EchoStar Corp.
Patent Infringement
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10. For More Information About
TiVo Inc. v. EchoStar Corp.
Patent Infringement
Visit:
http://www.essaysexperts.net/