The health and well-being of U.S. corporate patent holders—in particular, those within the competitive high-tech realm in which technology innovation is paramount —has been challenged by a ruling of the Federal Circuit in TiVo v. EchoStar. The case has brought the debate surrounding the ‘appropriate’ scope of patent holders’ rights to center stage, albeit in the limited context of contempt hearings. The TiVo decision is key because it will have a substantial impact on competitors’ ability to design around patents, a long-standing policy that has been encouraged to spur innovation and competition. This book traces the anatomy of a contempt proceeding from the underlying litigation for infringement through a proceeding for contempt with a focus on the TiVo case. In particular, it covers the basics of a patent litigation trial, scope of resulting injunctions, the legal issues related to working around such injunctions, the historical use of contempt proceedings in the patent context, and, finally, the issues currently pending before the Federal Circuit related to the proper standard for triggering a summary contempt proceeding – as opposed to a new infringement trial – when a company elects to design or work-around a patent after facing an injunction for infringement.
Summary of Contents:
PowerPoint: The Basics of Patent Litigation | PowerPoint: Workarounds | PowerPoint: Contempt Hearings and Prior Case Law | PowerPoint: TiVo and Where Do We Go From Here.
Number of Pages: 83
