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Dish Network Wins Temporary Stay Against TiVo

10 Jun, 2009 Response This Week

ENGLEWOOD, N.J. – A U.S. district Court in Texarkana, Texas, issued a temporary stay in Dish Network Corp./EchoStar Communications Corp. v. TiVo court case.

The decision comes as the latest order in a long-running lawsuit initially won by TiVo in 2006. The suit, filed by TiVo, stated that Dish set-top boxes violated patents of TiVo’s playback features, such as the ability to pause and rewind live programming while the digital video recorder (DVR) continues to record.

Dish’s win suspended a lower court’s contempt ruling that had levied $103 million in new damages against the broadcaster and had given the company 30 days to disable some functions of millions of DVRs used by subscribers.

Dish Network reprogrammed its DVRs after the verdict with a “workaround” to avoid any infringing software. However, TiVo filed that this workaround continued to violate patent and a contempt verdict was issued.

DISH Network Corp. and EchoStar Corp. issued this joint statement: “We are disappointed in the district court’s decision finding us in contempt. DISH Network will appeal, and will file a motion to stay the order with the Federal Circuit. We believe a stay is warranted and that we have strong grounds for appeal. Our engineers spent close to a year designing-around TiVo’s patent and removed the very features that TiVo said infringed at trail. Existing DISH Network customers with DVRs are not immediately impacted by these recent developments.”

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