Bschneider
08-18-2006, 02:25 PM
Order to shut down DISH DVRs blocked
http://news.yahoo.com/s/ap/20060818/ap_on_hi_te/tivo_echostar
NEW YORK - EchoStar Communications Corp., parent of the DISH Network satellite TV service, on Friday said a federal appeals court temporarily blocked a lower-court order that would have forced EchoStar to turn off about 4 million of its digital video recorders within 30 days.
Earlier Friday, a U.S. District Court judge in Texas granted a motion by TiVo (http://search.news.yahoo.com/search/news/?p=TiVo) Inc. for the DVR shutdown and ordered EchoStar to pay $89.6 million in damages.
The decision comes after a federal jury in April determined that EchoStar willfully infringed on TiVo's "time-warp" patent, which applies to the way a DVR simultaneously records one program while playing back another.
"We continue to believe the Texas decision was wrong, and should be reversed on appeal," EchoStar said in a statement. The Englewood, Colo., company also said it is working on modifications to its new DVRs so that they won't infringe on TiVo's patent.
EchoStar is the country's second-largest satellite TV provider with about 12.5 million subscribers.
TiVo, the Alviso, Calif., company that is credited with introducing DVR technology, said it was "pleased" with the injunction.
"This decision recognizes that our intellectual property is valuable and will ensure that moving forward EchoStar will be unable to use our patented technology without our authorization," the company said in a prepared statement.
Because EchoStar's infringement of TiVo's patent was seen as "willful," the judge could have tripled the amount of damages, but chose not to. TiVo is pondering whether to appeal that part of the decision, said TiVo spokesman Elliot Sloane.
EchoStar shares fell 70 cents, or 2.1 percent, to $32.05 in midday trading on the Nasdaq Stock Market. TiVo shares jumped 41 cents, or 6.3 percent, to $6.90.
http://news.yahoo.com/s/ap/20060818/ap_on_hi_te/tivo_echostar
NEW YORK - EchoStar Communications Corp., parent of the DISH Network satellite TV service, on Friday said a federal appeals court temporarily blocked a lower-court order that would have forced EchoStar to turn off about 4 million of its digital video recorders within 30 days.
Earlier Friday, a U.S. District Court judge in Texas granted a motion by TiVo (http://search.news.yahoo.com/search/news/?p=TiVo) Inc. for the DVR shutdown and ordered EchoStar to pay $89.6 million in damages.
The decision comes after a federal jury in April determined that EchoStar willfully infringed on TiVo's "time-warp" patent, which applies to the way a DVR simultaneously records one program while playing back another.
"We continue to believe the Texas decision was wrong, and should be reversed on appeal," EchoStar said in a statement. The Englewood, Colo., company also said it is working on modifications to its new DVRs so that they won't infringe on TiVo's patent.
EchoStar is the country's second-largest satellite TV provider with about 12.5 million subscribers.
TiVo, the Alviso, Calif., company that is credited with introducing DVR technology, said it was "pleased" with the injunction.
"This decision recognizes that our intellectual property is valuable and will ensure that moving forward EchoStar will be unable to use our patented technology without our authorization," the company said in a prepared statement.
Because EchoStar's infringement of TiVo's patent was seen as "willful," the judge could have tripled the amount of damages, but chose not to. TiVo is pondering whether to appeal that part of the decision, said TiVo spokesman Elliot Sloane.
EchoStar shares fell 70 cents, or 2.1 percent, to $32.05 in midday trading on the Nasdaq Stock Market. TiVo shares jumped 41 cents, or 6.3 percent, to $6.90.