TELECOM Digest OnLine - Sorted: TiVo Statement on Decision by U.S. Court of Appeals to Stay

TiVo Statement on Decision by U.S. Court of Appeals to Stay

Monty Solomon (
Wed, 4 Oct 2006 09:43:18 -0400

Permanent Injunction Issued by District Court in Lawsuit Against EchoStar

ALVISO, Calif., Oct 03, 2006 /PRNewswire-FirstCall via COMTEX News
Network/ -- TiVo Inc. (NASDAQ:TIVO), the creator of and leader in
television services for digital video recorders (DVR), today announced
that U.S. Court of Appeals for the Federal Circuit granted the request
of EchoStar Communications Corp. ("ECC") to stay the permanent
injunction imposed by the U.S. District Court to prevent ECC from
making, using, offering for sale or selling in the United States the
DVR products involved in the case (DP-501, DP-508, DP-510, DP-721,
DP-921, DP-522, DP-625, DP-942, and all EchoStar DVRs that are not
more than colorably different from any of these products) pending the
outcome of ECC's appeal.

TiVo sued EchoStar in Federal District Court on January 5, 2004,
alleging that ECC and certain subsidiaries are violating a key TiVo
patent (U.S. Patent No. 6,233,389 issued to TiVo in May 2001, known as
the "Time Warp" patent). The Time Warp patent discloses systems and
methods for the simultaneous storage and playback of programs,
supporting advanced capabilities such as pausing live television,
fast-forwarding, rewinding, instant replays, and slow motion. On April
13, 2006, a Marshall, Texas jury concluded that EchoStar had willfully
infringed TiVo's Time Warp patent.


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