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Bacteria 17-August-2008 15:10

New DISH Makes Formal Supreme Court Push on TiVo Case
DISH Makes Formal Supreme Court Push on TiVo Case

This week, DISH Network made its formal filing with the U.S. Supreme Court concerning its ongoing litigation with TiVo, asking the high court to review a U.S. Court of Appeals judgment in the case that went against the satellite TV company.

The D.C. appeals court decision - for the most part - upheld a lower court jury's verdict that found DISH had violated a TiVo patent with its DVR technology. The litigation is expected to heat up again in September when the Texas federal court initially handling the case begins the penalty phase in the matter.

In its Supreme Court petition, DISH argued that a review is necessary because the federal appeals court ruling "sharply tips the balance in favor of a patent holder to obtain a verdict of infringement based on an expansive reading of the court's claim construction which should render the patent invalid." DISH also took issue with the appeals court's exclusion of expert testimony that the company said may have pointed out "key contradictions" in testimony from TiVo's witnesses.

Whether DISH is successful in convincing the Supreme Court to review the case remains to be seen, given that justices agree to handle only a small number of legal matters every year.

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