|May 2008 | The Intellectual Property Strategist, Volume 14, Number 8|
|“TiVo v. EchoStar: Federal Circuit Does The Time Warp”|
|By: Ian G. DiBernardo
In its Jan. 31, 2008 decision 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 for those who lack such time warp capabilities.