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Appeals court grants Dish rare review of TiVo case
Legal Information |
2010/05/17 06:25
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pA federal appeals court on Friday granted Dish Network Corp. a rare, full-court review of a ruling it had earlier lost to TiVo Inc., one that could have resulted in the satellite TV company disabling millions of digital video recorders./ppInstead, the U.S. Court of Appeals for the Federal Circuit in Washington breathed new life into litigation that Dish has consistently lost to TiVo. Dish's decision to seek an en banc review was seen as CEO Charlie Ergen's last straw effort as damages mounted. Ergen had even believed that the appeals court was unlikely to grant it./ppShares of DVR pioneer TiVo fell by $6.52, or 37.5 percent, to $10.87 in midday trading. Dish rose by $1.22, or 5.6 percent, to $23.18./ppBut it's uncertain whether Dish will have eventual victory given that TiVo has prevailed in a series of other court rulings./ppTiVo sued Dish in 2004 for patent infringement over a technology that stored and retrieved video on DVRs, which lets viewers pause, rewind and replay live TV. Dish lost the case on appeal, paid TiVo $104.6 million in damages and interest and was barred from using the technology.
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Oprah Winfrey’s company targets Boston law firm in suit
Legal Information |
2010/05/10 09:26
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pOprah Winfrey’s production company wants a federal judge to force a prominent Boston law firm to provide information about one of its former attorneys to bolster its case in a patent-infringement lawsuit against her book club./ppThe lawsuit poses serious threats to the entire publishing industry, according to Harpo Productions attorney Charles Babcock./ppWinfrey’s Harpo filed a motion last week to compel Fish amp; Richardson to hand over documents and give a deposition regarding Scott Harris, a former patent prosecution attorney in its San Diego office./ppHarpo is being sued by Illinois Computer Research, a Chicago holding company that bought Harris’ 2006 patent for Internet technology that allows readers to review digital excerpts from books prior to buying them. Harpo claims the patent is unenforceable. The case is set for a July trial in Illinois./ppHarpo wants Fish to comply with a subpoena, because it was party to a similar patent lawsuit that ICR filed against Google, then a Fish client, in 2007./ppICR, which is tied to Harris, added Fish as a defendant in that lawsuit after Fish forced Harris’ resignation several days following its filing./ppIn court documents, Fish claimed Harris used Fish resources to build a portfolio of patents and cash in on them by selling them to parties that he knew would file infringement cases against companies that included his own law firm’s clients. The suit was settled in 2008.
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DA opposes Polanski's request for sealed testimony
Law Firm Press Release |
2010/05/10 09:26
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pRoman Polanski's request for access to sealed transcripts of testimony by a former prosecutor detailing alleged misconduct should be rejected because of the director's fugitive status, prosecutors argued Thursday in a court filing./ppPolanski's attorneys have asked a judge to unseal testimony taken earlier this year by the original prosecutor handling the case, Roger Gunson. They have said it will help their efforts to fight Polanksi's extradition from Switzerland, where he remains under house arrest./ppDeputy District Attorney David Walgren wrote in Thursday's filing that the request should be denied because Polanski has repeatedly refused to return to Los Angeles for sentencing./ppHe said allegations of misconduct in the case can and should be dealt with at Polanski's sentencing./ppA hearing on Polanski's motion is scheduled for Monday afternoon.
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Kagan Sided With Investors in Two Notable Securities Cases
Legal World News |
2010/05/10 09:25
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pThe federal government has opposed business interests in two closely watched securities cases during Elena Kagan's time as solicitor general, although her brief tenure has overlapped with just a handful of notable business cases. /ppMs. Kagan has a light record on business issues outside of her 14 months of service as solicitor general, a role in which she represented the government at the high court. She hasn't served as a judge and her professional career has largely been devoted to government service and academia. /ppWith Ms. Kagan as solicitor general, the Obama administration has taken a friendlier approach to investor lawsuits. Ms. Kagan's office filed a legal brief supporting investors in a case that examined when shareholders could sue mutual-fund managers for allegedly charging excessive fees. Ms. Kagan argued that a lower-court ruling in the case did not provide enough of a check on potentially excessive fees. /ppIn another case, Ms. Kagan's office argued that shareholders of Merck amp; Co. Inc. didn't wait too long to file lawsuits alleging the drug maker misrepresented the safety of painkiller drug Vioxx. /ppThe Supreme Court, which decided both cases this spring, unanimously agreed with Ms. Kagan's position each time.
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