May 2010

Looking Ahead

On May 14, 2010, the Federal Circuit granted en banc rehearing in TiVo, Inc. v. EchoStar Corp.,
No. 09-1374.  The Court asked the parties to brief four issues relating to the circumstances under which it is appropriate for a district court to determine infringement by a newly accused device through contempt proceedings rather than new infringement proceedings, and the burden of proof and factors considered in determining infringement in contempt proceedings.

Oral arguments have been scheduled for July 8, 2010, in the Federal Circuit’s en banc rehearing of Hyatt v. Kappos, No. 07-1066.