Alviso, Calif. – TiVo (NASD: TIVO) announced on Thursday that the
U.S. Court of Appeals has upheld a lower court’s ruling that found DISH Network (NASD: DISH)
operator EchoStar (NASD: SATS) guilty of continued infringement of its digital video
recorder patent. "This ruling paves the way for TiVo to receive the
approximately $300M in damages and contempt sanctions awarded to us for
EchoStar’s continued infringement through July 1, 2009," TiVo said in a
"We will also seek further damages and contempt sanctions for
the period of continued infringement thereafter."
EchoStar said in a
statement that it plans to file for an en banc review of the ruling by the full Federal
"We are disappointed in the Federal Circuit’s split decision, but
are pleased that Judge Rader agreed with our position," EchoStar said.
"Therefore, we will be
seeking en banc review by the full Federal Circuit. We also will be proposing a
new design-around to the district court for approval. At this time, our DVR
customers are not impacted,"