Federal Trade Commission urged the U.S. Court of Appeals for the Federal
Circuit to consider the market effects of contempt rulings and injunctions in
the full court's review a ruling in TiVo's patent litigation against EchoStar
and Dish Network, while the agency took no position on the case itself.
In May, the
appeals court granted a request by Dish and EchoStar to consider whether a
Texas district court's injunction -- ordering the satellite operator to disable
millions of DVRs that infringe a key TiVo patent -- as well as the appeals
court's subsequent upholding of that injunction and contempt finding were
amicus brief filed with the appeals court Monday, the FTC supported neither
TiVo nor Dish/EchoStar and took no position on the specific facts of the case.
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