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Appeals court grants Dish rare review of TiVo case
Court 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
Court 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.



Brit on Texas death row loses high court appeal
Court 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.



Wichita Bookkeeper Sentenced For Embezzling
Court Watch | 2010/04/14 13:46

A bookkeeper in Wichita has been sentenced to four years and three months in federal prison for embezzling more than $948,000 from a law firm where she worked.

Thirty-four-year-old Vicki J. Olivarez pleaded guilty Monday to two counts of writing checks and forging signatures on the checks while she worked at Pistotnik Law Offices.

In her plea, Olivarez admitted that from 2004 through 2009 she wrote numerous checks on the firm's client trust account and deposited the money into her personal accounts. She used some of the money to make payments on property she owned in Andover.

U.S. District Judge J. Thomas Marten also ordered Olivarez to forfeit $948,041 including her interest in the Andover property.



6 accused in Mass. mortgage scheme
Court Watch | 2009/12/25 05:03

Three real estate investors, two mortgage brokers and a disbarred attorney have been indicted for allegedly participating in a complex scheme to defraud homeowners and mortgage lenders in the Boston area, authorities announced Tuesday.

The six defendants are charged with larceny and making false or exaggerated statements.

State Attorney General Martha Coakley, who announced the indictments at a news conference, said the scheme netted more than $2 million in proceeds.

Those charged were: Joshua Brown, 29, of Brockton; Brian Frank, 32, of New Hartford, N.Y.; and John Sweetland, 28, of Yorba Linda, Calif., all identified as real estate investors. Mortgage brokers Linda Defeo, 28, of Springfield, and Brian Arrington, 39, of Boston, were also charged.

Former attorney Bruce Namenson, 47, of Walpole, was also charged. In unrelated cases, Namenson was disbarred in 2008 for converting clients' money for his own use and sentenced to five years in prison after pleading guilty to motor vehicle insurance fraud.

Authorities allege that Brown, Frank and Sweetland, of Boston Equity Investments, used inflated property appraisals and other fraudulent documents to obtain approximately $12.5 million in loans from more than a dozen financial lending institutions to purchase 26 multifamily homes.

They allegedly arranged for the sellers to receive much less money for the sales than the maximum amount of financing that BEI was able to get from the lenders in the homebuyers' names. At closings, BEI would pocket the difference, which was usually between $50,000 and $100,000, and sometimes as much as $150,000, Coakley said.



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