Dish Network says it will appeal the decision.
News
TiVo's Stock Soaring On Court Victory
The DVR service wins patent infringement appeal case against satcaster EchoStar.
By Swanni
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. However, the case has been bogged down in appeals since then.
If the appeals court ruling is final, Dish Network would either have to pay TiVo the $73 million in damages or work out a licensing agreement with the company.
However, Dish Network this afternoon issued a statement saying it will appeal today's decision:
"We are pleased the Federal Circuit found for us on Tivo’s hardware claims, but are disappointed in the Federal Circuit’s decision on the software claims. The decision, however, will have no effect on our current or future customers because EchoStar’s engineers have developed and deployed ‘next-generation’ DVR software to our customers’ DVRs. This improved software is fully operational, has been automatically downloaded to current customers, and does not infringe the Tivo patent at issue in the Federal Circuit’s ruling.
All DISH Network customers can continue to use their DVRs without any interruption or changes to the award-winning DVR features and services provided by DISH Network.
We intend to appeal the Federal Circuit’s ruling affirming the $94 million jury verdict.”
The court ruling also said Dish/Echo had not violated TiVo's hardware patent.
Today's decision could strength TiVo's hand in negotiating licensing deals with other TV providers.
TiVo offers DVR services for both high-def and standard-def programming.
The DVR service today issued the following statement in reaction to the court ruling:
"We are extremely pleased that the United States Court of Appeals for the Federal Circuit unanimously ruled in our favor in EchoStar's appeal of the district court judgment of patent infringement, full award of damages and that the injunction, which was stayed pending appeal, was ordered to be reinstated. Today's ruling is confirmation of the value of TiVo's IP portfolio, which is in addition to the other benefits TiVo has to offer. TiVo can now continue to focus on its goal to drive greater distribution in both its stand alone and mass distribution efforts."
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