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Court Backs TiVo's Claims Against Dish

Originally published 02:18 p.m., January 31, 2008
Updated 02:18 p.m., January 31, 2008

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A federal appeals court today upheld TiVo Inc.'s claims that Dish Network Corp. infringed on a software patent. But Dish said customers wouldn't be affected by the ruling.

Douglas County-based Dish, which recently changed its name from EchoStar, said it already had downloaded new software to its digital video recorder customers. It also said it would appeal the appellate court decision, which affirmed a jury verdict of $94 million including interest.

TiVo shares skyrocketed 30 percent on the news. But Dish shares also were up slightly in late trading today.

The three-judge appeals court panel in Washington, D.C. said the violation of the software claims was sufficient to uphold the lower court decision. But the court reversed a ruling that Dish had infringed on the hardware elements of the patent.

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

TiVo welcomed the ruling, in a statement, as confirmation of the "value of TiVo's (intellectual property) portfolio."

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