[…] TiVo’s patent. The U.S. District Court in Marshall Texas, however, felt that the new design was not acceptable and ordered an additional $103 million be awarded as well as $200 million for sanctions covering its contempt of the cease-and-desist […]
Unimpressed by the appeal put forth by DISH Network and EchoStar, the U.S. Court of Appeals for the Federal Circuit upheld the previous ruling of a lower court which awarded TiVo $300 million or more. The previous ruling had found that the satellite operator was in contempt of a previous order which had demanded that all DVRs that infringed on an important patent held by TiVo be disabled.
EchoStar Communications was taken to court on the grounds of patent infringement by TiVo back in 2004. As of August 2006 DISH found itself having been ordered to disable all of its DVR equipment that violates the TiVo patent.
The patent in question concerned TiVo’s “Time Warp” technology which lies at the heart of its DVR capabilities. DISH Network continued to hold out on disabling its DVRs and by June 2009 found itself in contempt of court. This led to the award of another $103 million and interest to TiVo. Once again, by September 2009 DISH and EchoStar were ordered to pay even more fines to cover additional damages as well as sanctions for the contempt charge. With this new amount the total was now in excess of $300 million.
TiVo released a statement expressing the company’s pleasure that the United States Court of Appeals for the Federal Circuit upheld the lower court’s ruling on both the infringement and the subsequent order to disable. Now that this ruling has been upheld TiVo will come closer to collecting on the amounts due as well as having grounds to push for further sanctions and damages for the period leading up to this newest appeal.
Both DISH and EchoStar expressed disappointment with the ruling but agree to seek further review. They have also stated that a design-around to fix the patent infringement will be submitted to the district court for its approval. If approved, this design-around will allow the companies to get out of contempt.
So far DVR customers will not be affected by the ruling as the companies have stated that they would be carrying the case through the entire Federal Circuit.
[…] Does The Tivo Verdict Mean To Dish Network? By Erik The judgment is in and TiVo has been declared the winner by the United States Court of Appeals for the Federal Circuit. This has been hailed as a potential […]