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United States Court of Appeals for The

United States Court of Appeals for The

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Published by: davezatz on Mar 04, 2010
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United States Court of Appeals for the Federal Circuit
2009-1374TIVO INC.,Plaintiff-Appellee,v.ECHOSTAR CORPORATION,ECHOSTAR DBS CORPORATION,ECHOSTAR TECHNOLOGIES CORPORATION,ECHOSPHERE LIMITED LIABILITY COMPANY,ECHOSTAR SATELLITE LLC,and DISH NETWORK CORPORATION,Defendants-Appellants.Seth P. Waxman, Wilmer Cutler Pickering Hale and Door LLP, of Washington, DC,argued for plaintiff-appellee. With him on the brief were Edward C. DuMont, Daniel S.Volchok and Thomas Saunders. Of counsel on the brief were Morgan Chu, Andrew Iancu,Christine W.S. Byrd and Perry Goldberg, Irell & Manella LLP, of Los Angeles, California.E. Joshua Rosenkranz, Orrick, Herrington & Sutcliffe LLP, of New York, New York,argued for defendants-appellants. With him on the brief were Joseph Evall and Alex V.Chachkes. Of counsel on the brief were Donald R. Dunner, Don O. Burley and Erik R.Puknys, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, andRachel Krevans, Jason A. Crotty and Scott F. Llewellyn, Morrison & Foerster LLP, of SanFrancisco, California. Of counsel was Tina E. Hulse, Finnegan, Henderson, Farabow,Garrett & Dunner, LLP, of Palo Alto, California.Appealed from: United States District Court for the Eastern District of TexasChief Judge David Folsom
 
 
United States Court of Appeals for the Federal Circuit
2009-1374TIVO, INC.,Plaintiff-Appellee,v.ECHOSTAR CORPORATION,ECHOSTAR DBS CORPORATION,ECHOSTAR TECHNOLOGIES CORPORATION,ECHOSPHERE LIMITED LIABILITY COMPANY,ECHOSTAR SATELLITE LLC,and DISH NETWORK CORPORATION,Defendants-Appellants.,Appeal from the United States District Court for the Eastern District ofTexas in case no. 2:04-CV-01,Chief Judge David Folsom. ____________________________ DECIDED: March 4, 2010 ____________________________ Before MAYER, LOURIE, and RADER, Circuit Judges.Opinion for the court filed by Circuit Judge LOURIE. Dissenting opinion filed by CircuitJudge RADER.LOURIE, Circuit Judge.Appellants (collectively, “EchoStar”) appeal from the district court’s decisionfinding them in contempt of the court’s permanent injunction order. TiVo Inc. v. DishNetwork Corp., 640 F. Supp. 2d 853 (E.D. Tex. 2009). Because we find that the districtcourt did not abuse its discretion in imposing sanctions against EchoStar, we affirm thefinding of contempt.
 
BACKGROUNDTiVo, Inc. (“TiVo”) owns U.S. Patent 6,233,389 (“the ’389 patent” or “TiVo’spatent”), which is entitled “Multimedia Time Warping System.” The patented technologyallows television users to simultaneously record and play (“time-shift”) televisionbroadcasts using what is commonly known as a digital video recorder (“DVR”). A DVRallows users to fast-forward, rewind, pause, and replay a “live” television program whileit is playing on the television set. TiVo’s patent covers various features essential to theworking of a DVR.In 2004, TiVo sued EchoStar in the United States District Court for the EasternDistrict of Texas, alleging that its receivers infringe “hardware” claims (claims 1 and 32)and “software” claims (claims 31 and 61) of the ’389 patent. The hardware claims arenot at issue in this appeal.Claim 31 of the ’389 patent is the first of the two software claims. It provides asfollows:A process for the simultaneous storage and play back of multimedia data,comprising the steps of:[1] providing a physical data source, wherein said physicaldata source accepts broadcast data from an input device,parses video and audio data from said broadcast data, andtemporarily stores said video and audio data;[2] providing a source object, wherein said source objectextracts video and audio data from said physical datasource;[3] providing a transform object, wherein said transformobject stores and retrieves data streams onto a storagedevice;[4] wherein said source object obtains a buffer from saidtransform object, said source object converts video data intodata streams and fills said buffer with said streams;[5] wherein said source object is automatically flowcontrolled by said transform object;[6] providing a sink object, wherein said sink object obtains2009-13742

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