DISH Granted Stay in TiVo Dispute

ENGLEWOOD: The long-running legal battle between DISH Network and TiVo took a new turn late yesterday after a Texas court granted the satellite platform a stay on a previously issued permanent injunction that would have disabled DISH customers’ DVRs.

DISH and TiVo have been battling in court for the last four years, with TiVo contending that DISH infringed on its "time warp" technology that allows customers to pause, rewind and fast forward live TV. In 2006, a jury ruled in favor of TiVo, awarding $74 million in damages plus interest, for a total payment of $104 million. TiVo was also later awarded a further $103 million because DISH continued to use the DVRs with TiVo’s patented technology pending its appeal. Once it lost that appeal, DISH was ordered to disable almost all of its customers DVRs. DISH subsequently lodged another appeal and yesterday secured a stay on the permanent injunction against the DVRs. 

DISH said in a statement: "The Federal Circuit found that EchoStar "met its burden of demonstrating the requisites for a stay," including, at a minimum, that we have a substantial case on the merits. As a result of the stay, our customers can continue using their DISH DVRs."

TiVo responded to the ruling, noting: "We are confident that the District Court judge’s thorough and well-reasoned decision finding EchoStar in contempt of court for violating the injunction and awarding further damages will be upheld once the Federal Circuit has the opportunity to review the merits of the case. The Court of Appeals stayed the District Court’s order the previous time this case was heard on appeal and ultimately affirmed the judgment against EchoStar. We are pleased that the court recognizes the urgency of ruling on this appeal and has ordered an expedited briefing schedule."