U.S. Supreme Court Passes on DVR Patent Ruling6 Oct, 2008 By: Erik Gruenwedel
The U.S. Supreme Court Oct. 6 declined to hear an appeal by Dish Network Corp. over a $ $89.8 million judgment awarded to digital video recording (DVR) pioneer TiVo in a patent infringement case.
The top court issued the decision without comment.
Alviso, Calif.-based TiVo said it was “extremely pleased” with the Supreme Court’s decision, which upheld separate lower court rulings regarding willful patent infringement, full award of damages, and a permanent injunction against satellite provider Dish’s infringing DVR products.
TiVo created the first commercial DVR that allows users to pause, record and fast-forward television programming.
“We look forward to the expeditious receipt of damages awarded by the district court covering the period through Sept. 8, 2006, and remain confident that the district court will enforce the injunction and award further damages from EchoStar's continued infringement of our Time Warp patent," TiVo said in a statement.
Dish (formerly EchoStar Communications Corp.) said it would pay TiVo in the next several days about $104 million based on the 2006 awarded damages plus accrued interest.
The Englewood, Colo.-based company said the ruling would not affect its 3 million customers with a DVR since it had issued new software that it claimed “does not infringe” on TiVo’s patent outlined in the federal court trial.
“We believe that the design-around does not infringe Tivo’s patent and that Tivo’s pending motion for contempt should be denied,” Dish said in a statement. “We look forward to that ruling in the near future.”