TiVo Triumphs in DISH/EchoStar Ruling

ALVISO: A U.S. appeals court has sided with TiVo in the latest development in its long-running dispute against DISH Network and EchoStar over patent infringements of its DVR technology.

In June 2009, a Texas judge ruled that DISH/EchoStar was continuing to infringe on TiVo’s "Time Warp" technology. DISH/EchoStar subsequently appealed. Yesterday’s ruling affirms last year’s decision and grants TiVo an additional $300 million in damages and sanctions, plus its attorneys fees. DISH and EchoStar are asking for the case to be reviewed by the entire 12-member appeals court, so, for now, DISH’s DVR customers will not be affected.

A statement from DISH and EchoStar noted: "We are disappointed in the Federal Circuit’s split decision, but are pleased that Judge Rader agreed with our position. Therefore, we will be seeking en banc review by the full Federal Circuit. We also will be proposing a new design-around to the district court for approval. At this time, our DVR customers are not impacted."

TiVo was represented by Irell & Manella. The company’s counsel, Morgan Chu, commented: “The affirmance by the Federal Circuit confirms yet again the integrity and strength of TiVo’s intellectual property, and the correctness of its positions.” 

TiVo said it will "seek further damages and contempt sanctions for the period of continued infringement thereafter. We will continue our efforts to protect our intellectual property from further infringement."