DISH Network hasn't taken "no" "denied" or "not yours" for an answer before in its battle against TiVo, and it's not going to start now. In a statement, the company expressed its plans to appeal the Federal Circuit's ruling against a rehearing to the Supreme Court. No matter how it ends, customers don't have to worry about jackbooted government agents (or software updates, whatever) stealing their precious DISH DVR functionality, because its "next generation" DVR software has already been downloaded to your box, and does not infringe on any patents. We'll leave this up to the lawyers to fight out (and write amusing disclaimers about), but in the meantime hit the read link to hear DISH's side of things.

[Thanks to everyone who sent this in]

True to its word, the US Supreme Court has started to hear arguments in one of those LG vs Quanta patent suits we've been following, with its eventual decision expected to have major effects on the rights of patent holders. Specifically, LG is arguing that since chipsets sold by Intel to Quanta use licensed manufacturing techniques and employ non-Intel components, Quanta also owes LG compensation as per its original agreement with Intel. Pretty confusing, we agree, but the Court's final decision -- expected in June -- promises to clear up once and for all what has admittedly become a legal gray area concerning so-called "exhausted" patents.

Vonage, everyone's favorite "gettin' sued by The Man" company has taken another beating in the Sprint-Nextel patent suit, agreeing to settle the case and license the telco's internet-calling technology for the tidy sum of $80 million. This comes hot on the heels of last month's ruling, which stipulated that Vonage was to pay $69.5 million to Sprint over six patents which the mobile phone company says it had infringed. "We are pleased to resolve our dispute with Sprint and enter into a productive future relationship," said Sharon O'Leary, General Counsel for Vonage, though it's possible she wasn't as ecstatic as that quote would have you believe. This is just another money-siphoning event for the VoIP company, which in March was hit up for $66 million from Verizon for illegally using some of its patents. If you're keeping count at home, that's $215.5 million paid out. If this keeps up, they may not even be able to afford those snappy commercials anymore. [Warning: read link requires subscription]

Not too long ago, we reported on a case brought to the Minnesota Supreme Court wherein a defendant in a DUI case asked (and was allowed) to view the source code of the breathalyzer machine which was used on him. Well, there's a new chapter in this book, it appears, as Minnesota authorities have missed the deadline for handing over the code to defense attorneys, thus dramatically increasing the chances that the defendant will be getting his case dismissed. Apparently, the Minnesota state public safety commissioner would not supply the source code, and the Department of Public Safety offered no explanation for the refusal. The state previously argued that it doesn't have the rights to hand over the data, as it is actually the copyrighted property of CMI -- the company who manufactures the machines. CMI has not been forthcoming with the source code in the past, leading to blunted or thrown out cases, though Court judges say the state must do whatever it takes to procure the software, even if it means suing CMI. A court hearing scheduled for September 19th will likely decide the defendant's fate, though we doubt this is the last we've heard of this case.

You might recall that the Supreme Court recently handed down a decision which loosened the definition of "obvious" as applied to patent interpretation, saying that if a person of ordinary skill could "fit the teaching of multiple patents together like pieces of a puzzle," the patent is obvious and unenforceable. That decision, which has been called the most important patent ruling in decades, is starting to affect several longstanding patent disputes, most notably a case brought against Real Networks in 2003 by a company called Friskit. In the first instance of a judge applying the new rule, Friskit's patents have been deemed unenforceable as obvious, a change from an earlier ruling allowing the case to go forward. Friskit is of course considering an appeal, but we wouldn't be surprised to see a lot more of these suits decided early on the basis of obviousness.

[Via TechDirt]

Still consumed in a bitter fight for its very survival, embattled VoIP provider Vonage -- recently granted an eleventh-hour pardon from that permanent injunction -- has announced that it will attempt to leverage Monday's landmark Supreme Court decision in seeking a completely new trial. In what is widely seen as both a blow to patent trolls as well as a tough new barrier in the patent application process, the Court ruled that one auto parts manufacturer had not infringed upon another's intellectual property in designing a new gas pedal, because the original pedal was merely an improvement on older models and should not have been granted a patent in the first place. Under this new, looser definition of "obviousness," argues Vonage, the Verizon patents in question would also be deemed upgrades of existing technology at the time they were issued -- and therefore invalid. It remains to be seen whether the appeals court will agree, grant the recently-reorganized company a new trial, and prolong this soap opera for several months or more, but what is clear from recent Court activity (including a Microsoft victory over AT&T) is that the days of a rubber-stamping patent office may be numbered, and that the NTP's and OPTi's of the world had better find a new way to pay the bills.

Read - Vonage
Read - Supreme Court decision