I was trying to remember this case all evening... finally came to me.

TYLER, TEX. (May 22, 2007) – A team of Morrison & Foerster attorneys and their co-counsel have won dismissal of a patent infringement case brought against client EchoStar Communication Corp. after a Texas jury took just over an hour to find the plaintiff’s patent invalid.  It was only the second time on record that a jury in the Eastern District of Texas had handed down a defense win in a patent case by finding the patent at issue invalid.

Rachel Krevans, a litigation partner in Morrison & Foerster’s San Francisco office who led the trial team together with Otis Carroll of the Tyler, Texas firm of Ireland, Carroll & Kelley, P.C. said EchoStar did not dispute infringement at trial, but instead argued that Forgent’s patent was itself invalid.

http://www.mofo.com/news/pressreleases/12345.html

Kidd.. I know you have posted on this case before.. the patents at issue are apples & oranges.. just citing it as an example.

Again my opinion is that TPL is in a position of strength with the Markman Ruling when compared to that of the Js possible invalidity argument....  but I am not about to completely dismiss their argument... jmio