Dish Network Seeks Re-Do On TiVo Ruling
Satcaster says patent case was decided on inaccurate testimony.
By Swanni
That's according to an article by the Associated Press.
In its filing, Dish says the ruling was based on "inaccurate" testimony from a TiVo witness. The satcaster says the witness contradicted himself and therefore the ruling was not "supported by substantial evidence."
TiVo sued EchoStar in 2004, saying the satcaster violated its 'Time Warp' patent for a DVR software feature.
The Time Warp feature allows "the user to store selected television broadcast programs while the user is simultaneously watching or reviewing another program," according to TiVo's patent which was filed for almost 10 years ago.
A Texas jury decided in favor of TiVo in April 2006, awarding the company $73.9 million in damages. The appeals court upheld that verdict in January.
If the ruling is upheld, Dish may owe TiVo as much as $100 million in damages, including interest. In addition, the satcaster could be forced to disable its four million DVRs, although it claims that a software upgrade has removed the feature found in violation.
For TiVo, a favorable outcome could give the company leverage in negotiating future DVR licensing deals with cable and satellite operators.
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Swanni (Phillip Swann) is
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