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Seth Waxman scored big last week with a ruling from the U.S. Court of Appeals for the Federal Circuit that affirmed a $94 million damage award for TiVo Inc. in a patent infringement suit against Dish Network Corp., formerly Echostar Communications Corp. Waxman, co-chairman of the appellate and Supreme Court litigation group at Wilmer Cutler Pickering Hale and Dorr, argued the case for TiVo. TiVo may win additional damages, because the decision lifted a stay on a permanent injunction prohibiting Dish Network from using patented digital video recorder technology that allows users to record, fast-forward, and rewind television programs. The Federal Circuit reversed a judgment of infringement on TiVo’s hardware claims but upheld all software claims and the entire $74 million jury award in the U.S. District Court for the Eastern District of Texas. The award has since grown to $94 million with interest. Waxman, who served as solicitor general from 1997 to 2001, didn’t respond to a request for comment. Dish Network announced that it plans to appeal the ruling but stated that it has already developed and downloaded new digital video recorder technology that doesn’t infringe the TiVo patent. Donald Dunner of Finnegan, Henderson, Farabow, Garrett, & Dunner represented Dish Network. He didn’t respond to a request for comment.
Brendan Smith can be contacted at [email protected].

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