Alviso, Calif. – The U.S. Patent and Trademark
Office has issued a final rejection of two of TiVo’s (NASD:  TIVO) patent claims in an
ongoing dispute with satellite TV firm DISH Network (NASD:  DISH) over digital video
recording technology, casting some doubt over previous TiVo court wins. TiVo
still has the option of appealing the Patent Office ruling both to a board
within that agency, and to the Federal Circuit. Meanwhile, the U.S. Court of
Appeals is simultaneously conducting an en banc review of a lower court’s ruling
in TiVo’s favor.

"We are pleased the Patent and Trademark Office issued a
Final Office Action maintaining its rejection of the software claims of TiVo’s
patent," DISH Network said in a statement.

"In the Final Office
Action, three examiners of the PTO considered TiVo’s response and, in a
detailed 32-page decision, finally concluded that the software claims were
unpatentable in view of two prior art references."

"While TiVo is
disappointed with this recent PTO office action, this is just one of several
steps in the review process," the company said in a statement.

will continue to work with the PTO to explain the validity of the claims under
review. It is important to note that TiVo received a ‘final action’ holding
several claims invalid during EchoStar’s first reexamination request at this
juncture only to have the PTO ultimately uphold the validity of all claims of
the patent.

"Moreover, the PTO proceeding is separate and apart from the ongoing
litigation against EchoStar and does not impact the current United States Court
of Appeals en banc review of the district court’s finding of contempt against
EchoStar and the related injunction."


Related Links:

(TiVo statement)
(DISH statement)
(DMW previous coverage)
(DMW previous coverage)