United States Federal Circuit

In a suit brought by TiVo against defendants alleging certain digital video recorders infringed its patent on technology enabling television users to "time-shift" television signals, a judgment and permanent injunction against defendants is affirmed in part, and reversed in part where: 1) judgment of infringement of hardware claims with respect to all of the accused devices required reversal due to a failure of proof of literal infringement; 2) a judgment of infringement of the software claims was proper as to all of the accused devices; and 3) consequently, since the damages calculation at trial was not predicated on the infringement of particular claims, the damages award of over $70 million is upheld.

Appellate Information

• Decided 01/31/2008
• Published 01/31/2008

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• 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.