TIVO, INC. v. ECHOSTAR COMMUNICATIONS CORP.

No. 2006-1574.

516 F.3d 1290 (2008)

TIVO, INC., Plaintiff-Appellee, v. ECHOSTAR COMMUNICATIONS CORPORATION, Echostar DBS Corporation, Echostar Technologies Corporation, Echosphere Limited Liability Company, and EchoStar Satellite LLC, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

January 31, 2008.


Attorney(s) appearing for the Case

Seth P. Waxman, Wilmer Cutler Pickering Hale and Dorr, LLP, of Washington, DC, argued for plaintiff-appellee. With him on the brief were Edward C. DuMont, Lauren Fletcher, and Daniel S. Volchok. Of counsel on the brief were Morgan Chu, Laura W. Brill, Andrei Iancu, and Alexander C.D. Giza, Irell & Manella, LLP, of Los Angeles, CA; and Herbert F. Schwartz, Ropes & Gray, LLP, New York, NY. Of counsel were Christine W.S. Byrd, Perry M. Goldberg, and Brian E. Jones.

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P, of Washington, DC, argued for defendants-appellants. With him on the brief were Don O. Burley, Andrew J. Vance, of Washington, DC; and Erik R. Puknys, of Palo Alto, CA. Of counsel on the brief were Harold McElhinny, Rachel Krevans, and Karl J. Kramer, Morrison & Foerster, LLP, of San Francisco, CA.

Before BRYSON, Circuit Judge, PLAGER, Senior Circuit Judge, and KEELEY, Chief District Judge.


BRYSON, Circuit Judge.

TiVo, Inc., owns a patent on technology that enables television users to "time-shift" television signals, that is, to record a television program in digital format and enable the user to replay, pause, fast forward, or reverse while the program is playing on the user's television set. The technology enables time shifting both for previously recorded programs and for programs that are currently being recorded. In 2004, TiVo sued the five appellants...

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