WASHINGTON — A federal appeals court on Thursday upheld TiVo's (TIVO) claims that Dish Network (DISH) infringed on one of its patents, skyrocketing TiVo's shares more than 28%.
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, violated 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 three-judge appeals court panel said violation of the software claims was sufficient to uphold the $74 million in damages the lower court awarded TiVo. That has increased to $94 million due to interest accruals, a Dish Network spokeswoman said.
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.
http://www.usatoday.com/tech/techinvestor/corporatenews/2008-01-31-tivo-patent-suit_N.htm
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