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Re: pnnymn post# 84

Tuesday, 05/18/2010 8:01:38 AM

Tuesday, May 18, 2010 8:01:38 AM

Post# of 579
There is simply no issue before the Appeals court as to whether the verdict of infringement was correct, nor whether the subsequent design also constitutes infringement (it does). The appeal is over whether it is proper for the court to have found DISH in contempt and to have instituted penalties on the basis of this finding, in addition to the infringement ruling.

The questions before the Appeals Court all pertain (and only pertain) to the issue as to whether (or not) DISH--and any other company in a similar situation--is liable for contempt judgments for their misguided effort to re-infringe TIVO's--or any other valid patent-- patent with an altered device that serves same function at that which was found to be an infringement.

TIVO's patent victory over DISH is secure and cordoned off from this scrutiny regarding the imposition of contempt judgments and awards. And so are TIVO's future revenue streams from these patents secure against the present appeal.

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