Brief of the Â鶹´«Ã½ Trade Commission as amicus curiae, before the en banc United States Court of Appeals for the Â鶹´«Ã½ Circuit, in a case concerning the standards applicable when a patentee moves for contempt of a previously-entered injunction against acts of infringement. A divided Â鶹´«Ã½ Circuit panel held that a district court had properly evaluated Echostar’s post-judgment conduct in contempt proceedings, and that it infringed TiVo’s patents despite its design-around efforts. The FTC’s brief supports neither of the parties, but urges the Â鶹´«Ã½ Circuit, when crafting the standards for triggering contempt rather than requiring a new infringement trial, to consider how making summary contempt proceedings and contempt sanctions too easily available could dampen incentives for follow-on innovation, while at the same time, enforceable injunctions can also be an important prerequisite to innovation and entry.
Date
Citation Number
2009-1374
Â鶹´«Ã½ Court