May 2008
TiVo v. EchoStar: Federal Circuit Does the Time WarpBy Ian G. DiBernardo
In TiVo, Inc. v. EchoStar Commc’ns Corp., the Federal Circuit affirmed TiVo’s $74 million judgment against EchoStar and reinstated TiVo’s permanent injunction. If the parties could go back in time having the benefit of the Federal Circuit’s decision, the patent-in-suit might be drafted differently and the claim construction arguments might be more persuasive. This article explores some of the lessons from the Federal Circuit’s decision.
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