Digital Media Bytes

Dave Zatz —  June 8, 2007 — 2 Comments

A periodic roundup of relevant news… from our other blogs:

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2 responses to Digital Media Bytes

  1. Dave,

    What do you make of this entry for May 30, 2007 from the U.S. Court of Appeals for the Federal Circuit case disposition sheet:

    DISMISSALS

    07-1022 TIVO, INC. v. ECHOSTAR COMMUNICATIONS CORPORATION, ET AL

  2. If that’s what I think it is, this excerpt from TiVo’s quarterly call will be helpful:

    Alan Gould – Natexis Bleichroeder:
    Tom, if you can clarify one thing on the litigation. You said that you have taken out the enhanced damages portion of the case. Could you explain that? Can you tell us a little bit of what was in your reply document?

    Tom Rogers:
    Well, we have our general counsel Matt Zinn here, and I’ll let Matt explain that.

    Matt Zinn:
    Our cross appeal concerned the judge’s decision not to award us enhanced damages due to the jury’s finding that EchoStar’s infringement of our patent was willful, we decided well dismiss the cross appeal because we wanted to simplify the issues in the case and speed up the timing of the resolution of the case.

    So in terms of timing, we now expect the briefing to be complete in the middle of next month with oral arguments probably scheduled for late summer or early fall, and a decision from the Federal Circuit either later this year or worst case, early next year. So we think timeliness is more important than trying to persuade the Federal Circuit to find that the judge made a clear error in not granting us enhanced damages.

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