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Appeals court grants Dish rare review of TiVo case
Legal Watch | 2010/05/17 13:25

A federal appeals court on Friday granted Dish Network Corp. a rare, full-court review of a ruling it had earlier lost to TiVo Inc., one that could have resulted in the satellite TV company disabling millions of digital video recorders.

Instead, the U.S. Court of Appeals for the Federal Circuit in Washington breathed new life into litigation that Dish has consistently lost to TiVo. Dish's decision to seek an "en banc" review was seen as CEO Charlie Ergen's last straw effort as damages mounted. Ergen had even believed that the appeals court was unlikely to grant it.

Shares of DVR pioneer TiVo fell by $6.52, or 37.5 percent, to $10.87 in midday trading. Dish rose by $1.22, or 5.6 percent, to $23.18.

But it's uncertain whether Dish will have eventual victory given that TiVo has prevailed in a series of other court rulings.

TiVo sued Dish in 2004 for patent infringement over a technology that stored and retrieved video on DVRs, which lets viewers pause, rewind and replay live TV. Dish lost the case on appeal, paid TiVo $104.6 million in damages and interest and was barred from using the technology.



Oprah Winfrey’s company targets Boston law firm in suit
Legal Watch | 2010/05/10 16:26

Oprah Winfrey’s production company wants a federal judge to force a prominent Boston law firm to provide information about one of its former attorneys to bolster its case in a patent-infringement lawsuit against her book club.

The lawsuit poses serious threats to the entire publishing industry, according to Harpo Productions attorney Charles Babcock.

Winfrey’s Harpo filed a motion last week to compel Fish & Richardson to hand over documents and give a deposition regarding Scott Harris, a former patent prosecution attorney in its San Diego office.

Harpo is being sued by Illinois Computer Research, a Chicago holding company that bought Harris’ 2006 patent for Internet technology that allows readers to review digital excerpts from books prior to buying them. Harpo claims the patent is unenforceable. The case is set for a July trial in Illinois.

Harpo wants Fish to comply with a subpoena, because it was party to a similar patent lawsuit that ICR filed against Google, then a Fish client, in 2007.

ICR, which is tied to Harris, added Fish as a defendant in that lawsuit after Fish forced Harris’ resignation several days following its filing.

In court documents, Fish claimed Harris used Fish resources to build a portfolio of patents and cash in on them by selling them to parties that he knew would file infringement cases against companies that included his own law firm’s clients. The suit was settled in 2008.



DA opposes Polanski's request for sealed testimony
Court Center | 2010/05/10 16:26

Roman Polanski's request for access to sealed transcripts of testimony by a former prosecutor detailing alleged misconduct should be rejected because of the director's fugitive status, prosecutors argued Thursday in a court filing.

Polanski's attorneys have asked a judge to unseal testimony taken earlier this year by the original prosecutor handling the case, Roger Gunson. They have said it will help their efforts to fight Polanksi's extradition from Switzerland, where he remains under house arrest.

Deputy District Attorney David Walgren wrote in Thursday's filing that the request should be denied because Polanski has repeatedly refused to return to Los Angeles for sentencing.

He said allegations of misconduct in the case can and should be dealt with at Polanski's sentencing.

A hearing on Polanski's motion is scheduled for Monday afternoon.



Kagan Sided With Investors in Two Notable Securities Cases
Headline News | 2010/05/10 16:25

The federal government has opposed business interests in two closely watched securities cases during Elena Kagan's time as solicitor general, although her brief tenure has overlapped with just a handful of notable business cases.

Ms. Kagan has a light record on business issues outside of her 14 months of service as solicitor general, a role in which she represented the government at the high court. She hasn't served as a judge and her professional career has largely been devoted to government service and academia.

With Ms. Kagan as solicitor general, the Obama administration has taken a friendlier approach to investor lawsuits. Ms. Kagan's office filed a legal brief supporting investors in a case that examined when shareholders could sue mutual-fund managers for allegedly charging excessive fees. Ms. Kagan argued that a lower-court ruling in the case did not provide enough of a check on potentially excessive fees.

In another case, Ms. Kagan's office argued that shareholders of Merck & Co. Inc. didn't wait too long to file lawsuits alleging the drug maker misrepresented the safety of painkiller drug Vioxx.

The Supreme Court, which decided both cases this spring, unanimously agreed with Ms. Kagan's position each time.



US women due in court in Philly in terrorism case
Headline News | 2010/05/03 15:19

Two American women charged in a global terrorism plot allegedly aimed at killing a Swedish artist are due in court in Philadelphia.

Court papers show the case is largely built on e-mails and online postings allegedly made by 46-year-old Colleen LaRose of Pennsburg and 31-year-old Jamie Paulin-Ramirez of Leadville, Colo.

The Colorado woman's defense lawyer, Jeremy Ibrahim, says he will ask Monday for copies of computer evidence. A judge may have to screen it first because prosecutors say some of it may be classified.

LaRose is also expected to enter a plea to a superseding indictment. Both women have previously pleaded not guilty. They were arrested this year after returning from Europe.



Brit on Texas death row loses high court appeal
Legal Watch | 2010/05/03 13:20

The Supreme Court has refused to review the case of a British woman on death row in Texas for killing a young mother.

The justices on Monday rejected an appeal from Linda Carty, who was convicted of kidnapping and killing a woman whose child she also snatched in Houston in 2001. Carty has complained that her trial lawyers were deficient.

The British government and human rights groups have aided Carty's cause.

Carty is one of 10 condemned women in Texas. She is a former teacher from St. Kitts in the British Virgin Islands.

In September, a taped voice recording of Carty begging Britons to help save her life was broadcast into London's Trafalgar Square.



Florida Probing Law Firm in Foreclosures
Headline News | 2010/05/02 16:24

The Florida attorney general's office is investigating possible misconduct by a large law firm that files foreclosures for banks, according to a posting on its Web site.

The Web site said the office is looking at whether Florida Default Law Group, based in Tampa, was involved in "fabricating and/or presenting false and misleading documents in foreclosure cases." Mortgage documents that are used to prove a bank has a right to foreclose "have later been shown to be legally inadequate and/or insufficient," the Web site said.

A spokeswoman for Florida Default declined to comment. Ryan Wiggins, a spokeswoman for Attorney General Bill McCollum, said the investigation began last fall.

The civil probe comes as some judges and federal prosecutors in Florida are paying close attention to how banks—and so-called foreclosure-mill law firms that work for banks—are attempting to take control of homes from borrowers in default. Judges across the country have chastised banks and their attorneys for attempting to seize properties they can't prove they own.

Last month, a Florida judge said that a mortgage document filed by a bank in a foreclosure case was part of an "intentional effort to mislead" the court.



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