CAFC Order
CAFC Order
2009-1374
TIVO, INC.,
Plaintiff-Appellee,
v.
ECHOSTAR CORPORATION,
ECHOSTAR DBS CORPORATION,
ECHOSTAR TECHNOLOGIES CORPORATION,
ECHOSPHERE LIMITED LIABILITY COMPANY,
ECHOSTAR SATELLITE LLC,
and DISH NETWORK CORPORATION,
Defendants-Appellants.
Appeal from the United States District Court for the Eastern District of Texas
in case no. 2:04-CV-01, Judge David Folsom.
ON MOTION
ORDER
EchoStar Corporation et al. (EchoStar) move for a stay, pending appeal, of the
order of the United States District Court for the Eastern District of Texas (1) holding
EchoStar in contempt of its previous injunction, (2) enjoining EchoStar, and (3) requiring
that EchoStar take certain steps in light of its contempt holdings. TiVo, Inc. opposes.
EchoStar replies. The Association for Competitive Technology, Inc. moves for leave to
file a brief amicus curiae in support of TiVo regarding the motion. EchoStar opposes.
the movant's chances of success on the merits and weighs the equities as they affect
the parties and the public." E.I. Dupont de Nemours & Co. v. Phillips Petroleum Co.,
835 F.2d 277, 278 (Fed. Cir. 1987); see also Standard Havens Prods. V. Gencor
Indus., 897 F.2d 511 (Fed. Cir. 1990). To prevail, a movant must establish a strong
likelihood of success on the merits or, failing that, must demonstrate that it has a
substantial case on the merits and that the harms factors militate in its favor. Hilton v.
Without prejudicing the ultimate disposition of this case by the merits panel, we
determine based upon the arguments raised in the motions papers that EchoStar has
met its burden of demonstrating the requisites for a stay of the order, pending appeal.
Accordingly,
IT IS ORDERED THAT:
later than July 17, 2009. TiVo's brief is due no later than August 25, 2009. EchoStar's
reply brief and the joint appendix are due no later than September 4, 2009. The case
2009-1374 2
FOR THE COURT
JUL 01 2009
JAN HOR8Aa
CLERK
2009-1374 3