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Supreme Court Refuses to Hear EchoStar/Tivo Case
Sunday, October 5th, 2008 at 4:00 PM - by John Martellaro
The U.S. Supreme Court has refused to hear EchoStars appeal in a patent infringement case, previously won by TiVo, according to CNET on Monday. The ruling leaves EchoStar responsible for over US$104M in damages.
Previously, an appeals court ruled in favor of Tivo which brought a patent infringement suit against EchoStar for its DVR systems back in 2004. The appeals court upheld the judgment in January which awarded Tivo US$74M. With interest, the damages have accumulated to over $104M.
"We look forward to the expeditious receipt of damages awarded by the District Court covering the period through September 8, 2006 and remain confident that the District Court will enforce the injunction and award further damages from EchoStars continued infringement of our Time Warp patent," TiVo said in a statement.
Echostar has modified their software and has claimed that the new software no longer infringes on Tivos patents.
"We believe that the design-around does not infringe Tivos patent and that Tivos pending motion for contempt should be denied," EchoStar said in a statement. "We look forward to that ruling in the near future."
When the appeals court ruled in Tivos favor in January, Tivo stock rose sharply to US$9.00. On Monday, however, Tivo is selling at US$5.95/share, down $0.31 for the day, likely due to the overall market slide.
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