The infringement action TIVO brought against Echostar was argued before the Supreme Court yesterday. Though we have found the direction arguments take does NOT tip the hand of the Court, listening to the MP3 recordings of these arguments is instructive, as the Justices ask very pointed questions which nuance patent (IP) law interpretation. E.g., "Isn't it possible to have a difference between a latent and a patent ambiguity...something that is not ambiguous on its face but both lawyers walk away clrearly convinced they won?"
You cannot listen to these arguments without being impressed with the preparation that is neccesary for counsel to handle the rapid-fire interrogation. IP managers, IP attorneys and IP appraisers should bookmark this site from where they can download the recordings of all SC arguments, not just IP-related.
For a detailed discussion of the facts of the case, begun in 2004, try here.