TiVo Inc. v. EchoStar Corp.

DYK, Circuit Judge,

with whom

Chief Judge RADER and Circuit Judges GAJARSA, LINN, and PROST join, dissenting-in-part.

While I join Parts A(l)-(3)(a) of the majority decision, I dissent from parts A(3)(b) and B. In particular, I dissent from the majority’s decision to uphold the finding of contempt of the disablement provision. In my view, the disablement provision does not bar the installation of modified software that renders the devices non-infringing, and, even if the provision were unclear, an unclear injunction cannot be the basis for contempt. The majority’s holding that lack of clarity…