Video services

DVR Battle Not Over Yet

It appears that Dish Network LLC (Nasdaq: DISH) believes it has not exhausted its legal options after an appeals court on Thursday upheld an earlier judgment that the satellite TV company infringed on TiVo Inc. (Nasdaq: TIVO)'s "Time Warp" patent. (See TiVo Digs DVR Ruling .)

"We intend to appeal the Federal Circuit's ruling affirming the $94 million jury verdict," EchoStar said in a statement. TiVo's original award was $74 million, but additional damages and interest apparently have increased that amount by another $20 million.

Dish also reaffirmed that it believes it has developed a workaround, referencing some new software for its current and future DVR customers. Thursday's ruling found that Dish's software, and not its hardware, infringed on the TiVo patent (No. 6,233,389), which was filed July 30, 1998, and issued May 15, 2001.

"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," Dish claimed.

After skyrocketing more than 30 percent during trading Thursday, TiVo's stock settled into orbit Friday morning, with shares trading down 15 cents (1.71%), to $8.62 each.

— Jeff Baumgartner, Site Editor, Cable Digital News

Be the first to post a comment regarding this story.
Sign In