TiVo wins appeal in suit against Dish Network

Published: January 31, 2008

WASHINGTON — A federal appeals court on Thursday upheld TiVo Inc.'s claims that Dish Network Corp. infringed on one of its patents, sending TiVo's shares up almost 29 percent.

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The Court of Appeals for the Federal Circuit agreed with a lower court that digital video recorders distributed by Dish, formerly known as EchoStar Communications Corp., violated the software elements of TiVo's patent. The court overturned the lower court's ruling that Dish infringed on the hardware elements of the patent.

But the appeals court said the violation of the software claims was sufficient to uphold the entire $89.6 million in damages the lower court awarded TiVo.

TiVo sued EchoStar Communications in 2004, alleging that the Englewood, Colo.-based satellite broadcaster infringed on TiVo's patented technology that allows viewers to record one program while watching another. EchoStar Communications changed its name to Dish in late 2007.

TiVo, based in Alviso, Calif., pioneered digital recorders that allow viewers to pause, rewind and fast forward live television shows.

Shares of TiVo soared $1.95, or 28.7 percent, to $8.76 in midday trading, setting a new 52-week high. Dish shares fell 14 cents to $28.25.


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My DirecTV DVR has Tivo on it. So yes, DirecTV is in bed with Tivo.
Tim, Yukon - Feb 1, 2008 8:27 AM
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This is all a big joke, dish wrote the software that makes their receivers run, this is like what happened when that canadian company sued the blackberry people because the canadian company had patented the 'idea' of a device that functioned as a cell phone and a mobile email device. and yes tivo and directv are in bed the directv dvrs are tivo's. pretty said that tivo has to sue others to generate revenue, thats why the stock went up the damages will be a huge boost to a company that has never made money. i am not sure about the cable companies but if this decision ends up sticking i bet you would see more court cases.
robert, edmond - Jan 31, 2008 11:14 PM
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Why would you limit the reward to $300,000?
Jeff, Edmond - Jan 31, 2008 10:25 PM
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Don't know much about this, but Directv does the same thing as Dish, so is Tivo in bed with Directv? There are also cable dvrs that do the same thing - are the cable companies paying Tivo for the rights to use or what's up?
J.T.(I), Norman - Jan 31, 2008 8:23 PM
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Shouldnt they limit the business lawsuit awards to $300,000? That's plenty of money right Chamber of Kiss Commerce?
Jonbonjovy, Oklahoma City - Jan 31, 2008 5:37 PM
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