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New DISH on TiVo Suit: Next Step is Supreme Court - 14-April-2008, 14:00

DISH on TiVo Suit: Next Step is Supreme Court

After news surfaced that the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., denied EchoStar's request for a rehearing of the long-running patent infringement case involving TiVo, the satellite TV company said it now intends to take the matter to the Supreme Court.

Both companies have been entangled in litigation concerning alleged violations of a TiVo DVR patent by the satellite TV company. The appeals court's move not to reconsider the matter came after an earlier appeals court ruling handed down in January that was tied to a district court judgment in the case.

TiVo said last week's appeals court ruling "brings us closer to resolution of EchoStar's infringement and reconfirms the strength of TiVo's Time Warp patent, which is in addition to the other benefits TiVo has to offer. We look forward to full enforcement of our rights in the near term."

In its statement, DISH Network said it was disappointed with the appeals court decision not grant a petition for rehearing. And the company stressed the court move will not impact customers since engineers have developed and deployed next-generation DVR software to customer DVRs.

"This improved software is fully operational, has been automatically downloaded to current customers, and does not infringe the TiVo patent at issue in the Federal Circuit's ruling," DISH said. "All DISH Network customers can continue to use their DVRs without any interruption or changes to the award-winning DVR features and services provided by DISH Network.

The company also stated its Supreme Court intentions in the statement.
   
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