The U.S. Court of Appeals for the Federal Circuit has been busy. It has recently addressed, and in certain respects clarified and re-defined, the law related to findings of contempt1 and patent reissues.2 It is also well positioned to reach decisions fundamental to findings of joint infringement,3 the patentability of isolated genes,4 and inequitable conduct.5 This article reports on the Federal Circuit’s recent decisions affecting contempt and reissue.
Findings of Contempt
In Tivo Inc. v. EchoStar, appellant EchoStar appealed from the district court’s decision finding EchoStar in contempt of two separate provisions of the court’s permanent injunction order, which provided in part that EchoStar (1) cease production and sale of satellite television receivers that had been found to infringe by the jury and all other products “only colorably different therefrom in the context of the infringed claims” (the “infringement provision”) and (2) disable the DVR functionality (i.e., disable all storage to and playback from a hard disk drive of television data) in existing receivers that had already been placed with EchoStar’s customers or in any new placement (the “disablement provision”).
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