http://news.yahoo.com/s/ap/20081006/ap_en_ot/scotus_tivo_patent
WA****NGTON - The Supreme Court is refusing to disturb a $74 million
judgment against Dish Network Corp. for violating a patent held by TiVo
Inc. involving digital video recorders.
The justices denied Englewood, Colo.-based Dish's appeal Monday without
comment.
In January, the U.S. Court of Appeals for the Federal Circuit agreed with
a
lower court that DVRs distributed by Dish, formerly known as EchoStar
Communications Corp., violated the software elements of
Alviso,Calif.-based
TiVo's patent. The ruling overturned the lower court's finding that Dish
also infringed on the patent's hardware elements.
TiVo sued in 2004, alleging that EchoStar, a satellite broadcaster,
infringed on TiVo's patented technology that allows viewers to record one
program while watching another. EchoStar Communications changed its name
to
Dish in late 2007.
TiVo pioneered digital video recorders that allow viewers to pause, rewind
and fast forward live television shows.
The lower court had ordered Dish to shut down the 3 million digital video
recorders used by its customers because they use TiVo's technology, but
that order was put on hold pending appeal.
Dish Network has said that the ruling would not affect its customers
because the company had developed and distributed new DVR software that
"does not infringe the Tivo patent at issue in the Federal Circuit's
ruling."
The case is EchoStar Communications v. TiVo, 08-179.
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