And applying RIM case to this case how? Why avoid the real issues here? TiVo has no case on the contempt issue, that is why after 11 months into the contempt proceeding, they still got nothing.
E* only lost to TiVo once, that was three years ago, right after that loss, E*, D* and TW were sued by Forgent for a similar DVR patent infringement, as I said earlier, D* and TW chickened out at the last minute and settled with Forgent for $8M and $20M each, only to find out a few weeks later E* had thrown Forgent out on the curb, that was right after E* lost to TiVo back then, and Charlie relied on the same lawyers to win that Forgent case for him, talk about having the faith and guts.
Since then E* managed to delay the case by appealing, and TiVo did not get to see that money for three years until late last year.
TiVo lost to E* in this case once too, they lost on the treble and attorney fee argument, the judge denied TiVo's request to be paid treble and attorney fees.
E* not only managed to delay the payment to TiVo for three years, they also managed to have the appeals court to stay the injunction for nearly two years too, during which time E* was able to design around the TiVo's patent without disabling any of their DVRs.
Most importantly TiVo has yet since gotten one extra penny from E*, the record is there for you to see, if only you are willing to see it.