2011, the timeline of events is very complex. Presented below is a rough outline of the major events during the legal proceedings (table adapted from ). Opinion details TiVo Inc. v. EchoStar Corp., United States District Court for the Eastern District of Texas In a trial by jury, EchoStar was found to infringe TiVo Inc's '389 patent. The infringing devices were the categorized by their video decoding ASIC. The two categories were DVRs using the 50X series ASIC and DVRs using Broadcom Corporation parts. The jury found, "the 50X DVRs literally infringed the asserted hardware and software claims," the "Broadcom DVRs literally infringed the asserted hardware claims and infringed the asserted software claims under the doctrine of equivalents." As a result, TiVo Inc. was awarded approximately $74 million in damages from lost profits and royalties, and a permanent injunction was issued against EchoStar. TiVo Inc. v. EchoStar Corp., No. 2006-1574 (Fed. Cir., January 31, 2008) Before: Circuit Judge Bryson, Senior Circuit Judge Plager, and Chief District Judge Keeley EchoStar Corp. motioned the Federal Circuit for an appeal and was granted a temporary stay on the permanent injunction. The issues on trial were two hardware claims (1 and 32) and two software claims (31 and 61) of TiVo Inc.'s '389 patent. The Federal Circuit held "Broadcom DVRs do not satisfy the 'is separated' limitation [of the hardware claims] and the 50X DVRs don't satisfy the 'assembles' limitation [of the hardware claims];" thus, the appeals court reversed "the portion of the judgment upholding the jury's verdict that EchoStar's DVRs literally infringe the hardware claims." Finding the jury's reasoning permissible, the Federal Circuit upheld the jury's verdict that EchoStar Corp's DVRs infringed the software claims of TiVo Inc.'s '389 patent. The stay on the permanent injunction dissolved when the appeal became final and the District Court could determine if TiVo Inc. sustained additional damages while the stay was in effect. Additional damages were found to be warranted. TiVo Inc. v. Dish Network Corp., Civil Action No. 2:04-CV-01 (E.D. Tex., June 2, 2009) TiVo Inc. motioned to hold EchoStar Corp. in contempt for violating the Infringement and Disablement Provisions of the permanent injunction. The District Court utilized the KSM test to determine if a contempt proceeding was appropriate and if there was continuing infringement. The first step of the KSM test was to determine whether there was a "colorable" difference between the infringing and