• Down(loaded) and Dyslexic? The Difference Between “No” and “On”
  • July 14, 2011 | Author: Paul E. Rossler
  • Law Firm: GableGotwals - Tulsa Office
  • What does “disable” mean? That was the $200 million dollar question. After seven years of expensive, time-consuming, contentious patent infringement litigation between TiVo and EchoStar, the Federal Circuit Court of Appeals had to decide whether EchoStar’s redesigned software was “so different” from its already-to-be-found-infringing digital video recorder software that EchoStar should not be held in contempt of a court-ordered permanent injunction. EchoStar’s conduct, and the Court’s decision, has implications for design-around efforts intended to render an infringing device non-infringing. Before getting to the Court’s decision and in keeping with the product at issue here, it is appropriate to hit the rewind button and play back some of the history and key facts of the litigation battle.