Washington – The U.S. Patent and Trademark Office (PTO) has
reaffirmed the validity of TiVo’s (NASD: TIVO) "Time Warp" digital video recorder
patent, in a second reexamination requested by rival EchoStar (NASD: SATS) — with whom the
company has been embroiled in a years-long patent battle. "This decision
by the PTO is final and not appealable by EchoStar. Today’s decision further
validates our IP and brings us closer to ending EchoStar’s ongoing
infringement," TiVo said in a statement.
The companies are simultaneously battling in court, after a 2004 ruling found that
EchoStar and DISH Network set-tops were infringing TiVo patents.
The U.S. Court
of Appeals for the Federal Circuit agreed in May to reconsider its ruling
affirming TiVo’s patent, in an en banc hearing for which arguments are
scheduled on Nov. 9.
"We remain confident that the United States Court of
Appeals for the Federal Circuit will uphold and enforce an injunction against
EchoStar’s ongoing willful infringement of the Time Warp Patent," TiVo
Shares of TiVo rose as much as 22% on the PTO news Wednesday.
(DMW previous coverage)