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When Some of the Parts Equal the Whole

February 21, 2008

You might want to fast forward through more than the commercials on this one-all the best action is in the finale.  In TiVo v. Echostar the Federal Circuit engages in page after page of dense claim construction only to deliver the heart of the opinion in a single, concluding paragraph. There, it upheld the jury's entire damage award of $73 million even though it had reversed the jury's determination that patent holder TiVo's hardware claims had been infringed.

How did the Federal Circuit come up with this plot twist?

Find out in this article from APaTS: Advanced Patent Trial Strategy.

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The articles on our Web site include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice or as an expression of the views of the firm, its attorneys or any of its clients. We hope the articles spur discussion in the legal community with insight into the experience of the authors. We expressly reserve the right in the future to become wiser or simply change our mind.

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