Search for: "Echostar Technologies LLC"
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29 Jan, 2007 1:23 am
In re Seagate Technology LLC - January 26, 2007 The Federal Circuit issued a sua sponte order on Friday to address the following
questions en banc: (1) Should a party's assertion of the advice of counsel defense to willful infringement extend waiver of the attorney-client privilege to communications with that
party's trial counsel? See In re EchoStar Commc'n Corp., 448 F.3d 1294 (Fed. Cir. 2006). (2) What is the effect of any such waiver on
work-product immunity? (3) ...
22 Sep, 2007 10:01 am
... of willful patent infringement and resolved a confusing issue concerning the waiver of the attorney-client privilege. In In re Seagate Technology, LLC (August 20, 2007), the court made it harder for a patent owner to prove willful infringement. The court ... all of its counsel, including trial counsel.
This fear turned out to be justified, as the district courts responded to Echostar. Some courts ordered that the privilege was waived as to
trial counsel, as did the district court in Seagate, while ...
1 Feb, 2008 9:38 am
By now, those who follow patent issues in this country will undoubtedly have heard of In Re Seagate Technology, LLC, 497 F.3d 1360 (Fed.
Cir. 2007), in which the Federal Circuit heightened the standard for establishing willful ... found that Seagate had waived the attorney-client privilege as to all documents within the
scope of the waiver as defined in In re Echostar Communs. Corp. It ordered Seagate to produce not just emails concerning the in-house opinion,
which Seagate previously had produced, ...
14 Jul, 2008 9:17 am
... appeal was pending, this court issued two opinions relevant to issues presented by this case. First, on August 20, 2007, In re Seagate Technology, LLC changed the standard of willful infringement from one akin to negligence to that of objective recklessness. 497 F.3d 1360, 1371 (Fed. Cir. ... . When
testifying on invalidity, "[a]n expert must '[compare] the construed claims to the prior art.'" Tivo, Inc. v. Echostar Comm'ns Corp., 516 F.3d
1290, 1311 (Fed. Cir. 2008) (second alteration in original) ( ...
30 May, 2007 9:53 am
... . The Federal Circuit has taken the unusual step of ordering an en banc hearing in In re Seagate Technology, LLC, 214 Fed. Appx. 997
(Fed. Cir. 2007), to address the scope of the attorney-client privilege waiver that may arise when a party sued for willful patent infringement raises advice of counsel ... respect to
that party's trial counsel or waived the work produce privilege. In a footnote in In re EchoStar, 448 F.3d 1294 (Fed. Cir. 2006), the Federal
Circuit stated that the ...
21 Aug, 2007 5:54 am
In Re Seagate Technology LLC (misc. docket no. 830), August 20, 2007 (link) Seagate was sued by Convolve in the SDNY for patent
infringement. After the lawsuit was filed, Seagate obtained outside counsel opinions on the patents, and relied on ... to willful infringement extend waiver of the attorney-client
privilege to communications with that party's trial counsel? See In re EchoStar Commc'n Corp., 448 F.3d 1294 (Fed. Cir. 2006). ANSWER: The CAFC
concluded that, normally, ...
22 Aug, 2007 2:47 pm
... a swipe at patent law and changed one point of law and clarified another in the case of In Re Seagate Technology, LLC. Back in 1983
in another patent case, the Federal Circuit established a test for willfulness (a finding that can ... cannot be examined by plaintiff's counsel when the client asserts the "advice of
counsel" defense to avoid a charge of willfulness. The Tivo v. Echostar standard of allowing access to the attorney work-product of opinion
counsel still stands. It's fair game to examine ...
23 Aug, 2007 2:14 pm
... separate law firms. District courts are increasingly relying on the Court of Appeals for the Federal Circuit's decision in In re Echostar
to hold that the subject matter waiver resulting from assertion of an advice-of-counsel defense extends to trial counsel. In ... the Federal Circuit just issued its opinion on Monday,
August 20, 2007. The opinion states, in part: Seagate Technology, LLC ("Seagate") petitions for a writ of mandamus directing the United
States District Court for the Southern District ...
30 Sep, 2006 2:11 pm
... to enter the video market. Action expected 4Q 2006 Digital Television Distributed Transmission System (DTS) Technologies: Rules allow
broadcasters to use transmitters to fill-in service gaps caused by geographic barriers. FCC is considering rules ... injunction was ordered. It also says that in light of the
settlement, a permanent injunction would be "unjust, particularly to consumers." EchoStar also asked for at least 120 business days to comply
if ordered by a federal judge to terminate Big Four ...
13 Oct, 2008 12:12 pm
... Inc. v. Distributive Software, LLC (Hal Wegner) CAFC: Erroneous revival by PTO is not a cognisable defence in an infringement action:
Aristocrat Technologies Australia v International ... Litepanels settle patent infringement dispute over camera-mounted LED lighting
technology (Green Patent Blog) StarTech.com USA - Video Products sues StarTech for allegedly ... over Psystar's Open Computer Mac 'clone' (Ars Technica) Echostar - Court blocks Echostar's effort to subpoena Coolsat customer data in DMCA case ...
8 Jun 2:00 am
... Property Law Blog) (IP Spotlight) (Anticipate This!) (Excess Copyright) (IPKat) (Ars Technica) (IAM) (Intellectual Property Watch) (Technology Transfer Tactics) (The IP
Factor) (Patent Baristas) (ISinIP) (Managing Intellectual Property) GSK, Tafas file petitions for rehearing ... v St Jude Medical (Inventive Step) District Court E D Texas grants TiVo's
motion to have Echostar declared in contempt of permanent injunction, ordered to pay further $103M (EDTexweblog.com) (Ars Technica) (IAM)
(Out-Law) ...
8 Jun 2:00 am
... Property Law Blog) (IP Spotlight) (Anticipate This!) (Excess Copyright) (IPKat) (Ars Technica) (IAM) (Intellectual Property Watch) (Technology Transfer Tactics) (The IP
Factor) (Patent Baristas) (ISinIP) (Managing Intellectual Property) GSK, Tafas file petitions for rehearing ... v St Jude Medical (Inventive Step) District Court E D Texas grants TiVo's
motion to have Echostar declared in contempt of permanent injunction, ordered to pay further $103M (EDTexweblog.com) (Ars Technica) (IAM)
(Out-Law) ...
29 Aug, 2008 1:25 pm
... against CRS dismissed on first to file rule: TGN, Inc v CRS LLC: (Washington State Patent Law Blog) Federal judge rules Abbot Laboratories
... shareholders of now-defunct Adtech through a scheme to transfer patent for coal agglomeration technology: (Law360), Immersion - Immersion settles lawsuit against Internet
Services over teledildonics ... Chicago IP Litigation Blog) US Copyright - Lawsuits and strategic steps EchoStar - EchoStar contends its copyright infringement against set-top box distributor does ...
7 Feb, 2008 9:19 pm
... a flaw in that it records what I have heard called "false positives." For example, when TiVo v. EchoStar came back from the Federal Circuit
appeal, the Eastern District of Texas counted it as a new ... mean I am criticizing or condoning any of these cases! 1) Power Jamb, LLC v. City
of New York; New York City Fire Department; New ... into the lawsuit business. The prototypical once-company. 10) IP Innovation, LLC &
Technology Licensing Corp. v. Mitsubishi Electric (Chicago, Illinois, January 17). ...
20 Feb 5:00 am
... (Intellectual Property Law Blog) 4th Circuit revives Dll's software technology trade secrets case against Sentia (Law360) US Patent Reform PTO ... v Baysaver Technologies and Accubid Excavation (not precedential) (Patent Prospector) CAFC awards permanent injunction to patentee in 'close case': Acumed
LLC v Striker Corp ... R Sutterlin over patent ownership (Property, intangible) (Patent Baristas) TiVo - TiVo, EchoStar return to court over television recording patent fight (ContentAgenda) Vizio - Vizio ...
16 Jan 7:00 am
... has not infringed Edward Lifesciences' patent relating to transcatheter heart valve technology (Law360) Vexatiousness in Patent Office opinions (IPKat) Bona vacantia -
acquisition of ownerless trade ... earlier trial date do not warrant transfer: ACCO Brands USA LLC v PC Guardian Anti-Theft Products (Chicago
Intellectual Property Law ... 'time warp' patent yet again in battle between TiVo and DISH/Echostar (Ars Technica) (Law360) Whetstone
Electronics - Whetstone settles with LDR International in suit ...
30 Jan 7:00 pm
... dooms American Master Lease's real estate investment patent: Fort Properties, Inc v Master Lease LLC (Law360) (Patent Prospector) (Peter
Zura's 271 Patent Blog) Court of Federal Claims allows Zoltek ... patent relating to tracking consumer preferences over the internet and delivering personalised web pages to customers
(Law360) Technology Development and Licensing - TDL files patent infringement lawsuit against Dish Network and EchoStar over satellite
television subscription packages and set-top ...
29 Jan, 2007 10:39 pm
... by non-prevailing party prior to dismissal of outstanding counterclaims by the prevailing party, no actual case or controversy In re Seagate Technology (order, 01/26/2007,
non-precedential) (order deciding petition for writ of mandamus is appropriate for en banc ... [should] extend waiver of the attorney-client privilege to communications with that
party's trial counsel" (re: In re Echostar), the "effect of any such waiver on work-product immunity," and [g]iven the impact of the statutory
duty of ...
8 Jun 10:58 am
... moniker. Law Firms as Patent Owners: Photo site SmugMug recently filed a declaratory judgment action against the patent holding entity VPS, LLC. VPS previously settled with Pictage earning a "multi-million dollar fee" as well as with Kodak Gallery and Shutterfly. VPS's ownership ... of entry into
the US. [CBP E-Recordation System] (No bill has been proposed.) Tivo v. DISH and EchoStar: $190 million. Update Your PTO Registration Data
Online: Link. Before you can use the system, the OED will first ...
21 Dec, 2006 12:34 am
... against a number of "push" e-mail companies, including Infowave Software, RIM, Good Technology, and Microsoft. The leading case in Visto's enforcement effort, Visto Corp. v.
... test for permanent injunctive relief applies to patent cases. eBay Inc. v. MercExchange, LLC, U.S. , 126 S.Ct. 1837, 1839 (2006). The Court
recited the test ... highest value whenit is asserted against a direct competitor in the plaintiff's market. In Tivo v. EchoStar Communications
Corp., 446 F. Supp.2d 664, 669 (E.D. Tex. ...
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