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The folks behind that smiling black television logo, better known as TiVo, aren’t grinning nearly as much as they used to. Business competition is fierce these days in the ongoing effort to gain market share in the digital TV recording industry. TiVo’s stand-alone black boxes, which helped to launch the industry a few years back, are now competing with satellite and cable television services that are eagerly touting their own versions of digital video recording (DVR) that allow avid couch potatoes to record, pause, rewind and otherwise pretty much have their way over what they watch on TV. It seemed inevitable that legal fallout sooner or later would result from the battle for the remotes and wallets of the nation’s television viewers. Enter Morgan Chu, a prolific IP litigator at Century City’s Irell & Manella, who has taken up TiVo’s cause in a high-stakes patent infringement case against EchoStar Communications. TiVo claims that EchoStar, which owns satellite TV provider Dish Network, has played too fast and loose with its DVR service by infringing on TiVo patents that involve all of that digital time warping. While some legal observers sound skeptical about TiVo’s chances of prevailing, the odds are probably improved simply because of Chu’s presence in the case. After all, here’s a guy who several years ago won for his client a $120 million patent-related payment from some outfit called Microsoft. Freelance journalist Kathy Braidhill’s lively profile of Chu in this issue certainly helps to explain why he’s been so successful throughout his nearly 30-year career as a patent-infringement litigator. And while the outcome of the TiVo case remains to be seen, it’s a pretty sure bet that Chu will continue to be one of the premiere go to IP lawyers for the foreseeable future. With the latest baseball season under way, this seemed like a good time to take a look at some new technology-driven IP issues that are surfacing in professional sports. While ballplayers are out on the fields, lawyers for Major League Baseball are showing up in court over disputes with operators of fantasy baseball leagues. The issue: Does anyone own such things as players’ statistics, which, of course, represent the coin of the realm for fantasy-league aficionados? Or are such figures — the number of Barry Bonds’ home runs, Eric Gagne’s saves, Sammy Sosa’s corked bats — freely available for anyone to use as they desire? Tresa Baldas, who writes for The National Law Journal, which is affiliated with IP magazine, explores these questions in “Play Ball!” Elsewhere in this issue, you can read, among other things, about how to better protect corporate trademarks, what low-rider trucks have to do with patent disputes and why a solo practitioner in San Fran-cisco is getting involved with adult film stars. And after you’re through with the magazine, you can get back to watching all those “Law and Order” episodes that you’ve set your TiVo to record. Steven Pressman [email protected]

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