TY - GEN
T1 - Recording over Old Standards: TiVo’s “More Than Colorably Different” Standard for Patent Injunction Contempt Proceedings
AU - Ingham, Nathan
AB - On April 20, 2011, the U.S. Court of Appeals for the Federal Circuit in TiVo Inc. v. EchoStar Corp. overruled KSM Fastening Systems, Inc. v. H.A. Jones Co. and outlined a new analysis for patent injunction contempt proceedings when an adjudged infringer has modified an infringing product. In doing so, the court balanced two competing policies: protecting patentee’s exclusive rights through effective, inexpensive patent injunction enforcement and encouraging adjudged infringers to attempt good-faith design-arounds. This Comment argues that by transforming the KSM “more than colorable differences” standard from a procedural hurdle to a substantive requirement, the Federal Circuit successfully weighed these policies, fulfilling fundamental goals of the U.S. patent system.
DA - 2012-2-16
PY - 2024
PB - unav
JO - Boston College Law Review
IS - 6
VL - 53
SP - E. Supp. 47
ER -