Oatey Co. v. IPS Corp.
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TiVo, Inc. v. EchoStar Communications Corp.

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, collectively referred to as EchoStar, in the United States District Court for the Eastern District of Texas, alleging that they had infringed various claims of the patent, U.S. Patent No. 6,233,389 (“the ’389 patent”).
The claims of the ’389 patent that were asserted at trial included so-called “hardware” claims (claims 1 and 32) and “software” claims (claims 31 and 61). Those four claims are the only ones at issue in this appeal. The accused devices are two types of EchoStar digital video recorders (“DVRs”), which the parties refer to as the “50X” DVRs and the “Broadcom” DVRs. At the conclusion of the trial, the jury found that the 50X DVRs literally infringed the asserted hardware and software claims. The jury found that the Broadcom DVRs literally infringed the asserted hardware claims and infringed the asserted software claims under the doctrine of equivalents. The jury awarded TiVo a total of $73,991,964 in damages ($32,663,906 in lost profits and $41,328,058 in reasonable royalties). The district court entered judgment on the verdict and issued a permanent injunction against EchoStar. On EchoStar’s motion, this court granted a stay of the injunction pending appeal.

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