Court upholds patent infringement ruling
By Jeff Smith, Rocky Mountain News (Contact)
Published February 1, 2008 at 12:05 a.m.
A federal appeals court on Thursday upheld TiVo Inc.'s claims that Dish Network Corp. infringed on a software patent. But Douglas County-based Dish Network said customers wouldn't be affected by the ruling.
Dish Network spokeswoman Kathie Gonzalez said the company downloaded alternative software to its digital video recorder customers several months ago. Dish, formerly called EchoStar, also said it would appeal the circuit court decision, which affirmed a jury verdict of $94 million including interest.
TiVo shares rose 29 percent to $8.77 on the news. Dish shares declined 15 cents, to $28.24.
While the three-judge appeals court panel in Washington, D.C., upheld the lower court decision on the software patent, it reversed a ruling that Dish had infringed on hardware patents.
California-based TiVo is considered the pioneer in technology enabling consumers to pause and play back live TV programming.
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