"[T]his Court finds EchoStar in contempt of its permanent injunction. EchoStar’s modified software is not more than colorably different from the products adjudged to infringe; furthermore, EchoStar’s products continue to infringe TiVo’s patent. . . . The harm caused to TiVo by EchoStar’s contempt is substantial. EchoStar has gained millions of customers since this Court’s injunction issued, customers that are now potentially unreachable by TiVo. As this Court has noted in the past, 'loss of market share and of customer base as a result of infringement cause severe injury,' and 'every day of Defendant’s infringement affects Plaintiff’s business.' Although EchoStar requests that this Court stay its injunction further, this Court declines to do so. EchoStar has escaped this Court’s injunction for over two years and further delay will be manifestly unjust to TiVo and cause TiVo substantial harm."
TiVo Inc. v. Echostar Comm, et al, 2-04-cv-00001
(TXED June 2, 2009, Memorandum Opinion) (Folsom, J.)