TiVo v. EchoStar

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OUTCOME: Victory and settlement

A patent infringement case in which Mr. Goldberg represented TiVo, the developer of the first commercially available digital video recorder (DVR). TiVo sued EchoStar (DISH) for infringement of a paten ... t covering TiVo’s core DVR technology. After a two-week trial, the jury unanimously found all of TiVo’s asserted claims to be valid and infringed by all of EchoStar’s accused products. The jury also found, by clear and convincing evidence, that the infringement was willful. TiVo also prevailed in a subsequent bench trial on EchoStar’s equitable defenses. Mr. Goldberg took and defended key depositions in the case, including taking the deposition of EchoStar’s CEO. Mr. Goldberg also examined multiple witnesses at trial on direct and cross. The Federal Circuit affirmed the Judgment, including the full damages award and the injunction. Following additional proceedings in which EchoStar was held in contempt, the case ultimately settled with EchoStar paying TiVo $500 million on top of the more than $100 million that EchoStar paid in connection with the original judgment.