Newsletter
| March 4, 2010
TiVo Inc. v. EchoStar Corp.
Although we have acknowledged that good faith may be an indicator that redesigned products are more than colorably different, we have also made it clear that a lack of intent alone cannot save an infringer from a finding of contempt.
On March 4, 2010, the Federal Circuit affirmed the district court’s judgment finding EchoStar in contempt of the permanent injunction regarding U.S. Patent 6,233,389, which related to a multimedia time warping system that allows television users to simultaneously record and play (time-shift) television broadcasts using a digital video recorder (DVR). The district court imposed almost $90 million in sanctions for the contempt.
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