LATEST SUMMARIES
ADMINISTRATIVE LAW, GOVERNMENT BENEFITS, LABOR & EMPLOYMENT LAW, MILITARY LAW
• DeLaRosa v. Peake
COMMUNICATIONS LAW, INTELLECTUAL PROPERTY, PATENT, REMEDIES
• TiVo, Inc. v. EchoStar Communications Corp.
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LATEST SUMMARIES
ADMINISTRATIVE LAW, GOVERNMENT BENEFITS, LABOR & EMPLOYMENT LAW, MILITARY LAW
DeLaRosa v. Peake, No. 2007-7108
38 U.S.C. section 5103A(a) does not always require the Secretary of
Veterans Affairs to assist a claimant in obtaining a medical opinion
or examination.
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COMMUNICATIONS LAW, INTELLECTUAL PROPERTY, PATENT, REMEDIES
TiVo, Inc. v. EchoStar Communications Corp., No.
2006-1574
In a suit brought by TiVo against defendants alleging certain
digital video recorders infringed its patent on technology enabling
television users to "time-shift" television signals, a judgment and
permanent injunction against defendants is affirmed in part, and
reversed in part where: 1) judgment of infringement of hardware
claims with respect to all of the accused devices required reversal
due to a failure of proof of literal infringement; 2) a judgment of
infringement of the software claims was proper as to all of the
accused devices; and 3) consequently, since the damages calculation
at trial was not predicated on the infringement of particular
claims, the damages award of over $70 million is upheld.
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