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NCUBE CORP. v. SEACHANGE INTERN. INC.

No. 2013-1066.

732 F.3d 1346 (2013)

NCUBE CORPORATION (now known as ARRIS Group, Inc.), Plaintiff-Appellant, v. SEACHANGE INTERNATIONAL INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 10, 2013.

Attorney(s) appearing for the Case

Gregory A. Castanias , Jones Day, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Ryan D. Newman ; and Krista S. Schwartz and Israel Sasha Mayergoyz , of Chicago, IL. Of counsel was Mary B. Graham , Morris, Nichols, Arsht & Tunnell, LLP, of Wilmington, DE.

Steven M. Bauer , Proskauer Rose, LLP, of Boston, MA, argued for defendant-appellee. With him on the brief were Kimberly A. Mottley , Justin J. Daniels and Thomas Hoehner . Of counsel was Melanie K. Sharp , of Young, Conaway, Stargatt & Taylor, LLP, of Wilmington, DE.

Before RADER, Chief Judge, PROST and TARANTO, Circuit Judges.

PROST, Circuit Judge.

On July 31, 2009, ARRIS Group, Inc. ("ARRIS")1 filed a motion to hold SeaChange International Inc. ("SeaChange") in contempt of a permanent injunction order. The United States District Court for the District of Delaware found that ARRIS failed to meet its burden of showing contempt by clear and convincing evidence and declined to hold SeaChange in contempt. ARRIS appeals. Because the district court did not abuse its...

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