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Yep, looks like we've got some waiting to do. I think both sides have arguments, so it'll be interesting to see what happens. The Federal...
He doesn't need to let Tivo have discovery on the new software if they don't need or deserve it quite yet. __________________ My personal...
The court gets to decide if the modified is more than colorably different. If it is, then technically the modified product can't be used to find...
Like I said, I'm not sure. Tivo would be the one alleging that the modified software still falls within the injunction. __________________ My...
Not sure. I think the burden may be on Tivo to show that the modified software is not "more than colorably different" since Tivo is the one...
There actually is - the "more than colorably different" standard. If the new software is "more than colorably different," they need a new...
The rules on lost profits are hard to satsify sometimes. Tivo couldn't get lost profits on all of Echo's DVRs, for example, unless Tivo could...
Something like $32 million in damages was due to lost profits, and the rest was based on the royalty rate. Echo obviously owes more due to...
I must have missed the part in the cases that talk about "more than colorably different" being the standard, unless we're talking about your core...
Correct. The word "infringing" has to have meaning. The injunction can't be interpreted in a way that removes that word completely from its...
So Dell would be allowed to remove the infringing software and not violate the injunction. But Echo cannot remove and replace the infringing...
The judge has some leeway to punish Echo if he finds Echo in contempt. There are some limits, obviously. A judge somewhere once told Vonage they...
Pros for internet: 5Mbps minimum download speed Cons for internet: None really Pros for TV: No down-res on HD channels, CableCards supported...
So then how does the fact that the product was infringing only because of the software come into play? And why doesn't the modification that...
So how would you decide in my example: Dell has completely removed the software from its computers that infringed Microsoft's patent. Is Dell in...
In both cases, even the case where Dell completely removed the software from the "infringing" computers that formed the basis for the lawsuit?...
Hey, all. I posted this elsewhere and may have stumped a few folks, so I thought I'd post it here and see what people thought. It's an example...
They can hear facts and decide which ones to believe. Judges can sometimes initiate proceedings on their own. At the very least, they could...
Agreed. Most judges wait for one side to raise the possibility of contempt, then set a hearing, take evidence, and decide. Patents are slightly...
Jerks.:) Of course, if they hadn't settled and we had a ruling, this case wouldn't be nearly as interesting. __________________ My personal...
