Under Therasense, an accused infringer must demonstrate that the patentee intended to deceive the USPTO.

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The only inconvenience suffered by the copyright infringer is that they have to re-up the files that were taken down.

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"As a practical matter each individual infringer lacks the assets, net worth and earning capacity to make civil prosecution practical, " it said.

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One would let an alleged infringer of a patent challenge its validity at the Patent and Trademark Office (PTO), rather than going to court.

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The central legal question presented is when a court may enforce its own injunction against an infringer who makes small tweaks to its infringing technology in an effort to avoid the reach of the injunction.

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This case demonstrates that a determined infringer can make minor changes, drag out judicial proceedings, and seek to run out the clock on a patent, thereby squandering both judicial resources as well as incentives for innovation.

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The arguments made in the case by the infringer, EchoStar, would have the effect of reducing the certainty and thus the efficacy of patent rights by weakening the ability of the courts to define and enforce patents clearly, quickly and efficiently.

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Secondly, the court rejected Napster's claim that it should not be held responsible for the infringing conduct of its users, ruling instead that Napster "knew or had reason to know" that its users were exchanging copyrighted files and therefore could be held responsible as a "contributory" copyright infringer.

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