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Court Rejects Dish Network Appeal
The Supreme Court wants to stay out of the satellite's fight with TiVo.
TiVo EchoStar
Dish Network says it plans to pay TiVo the $104 million judgment in the next few days.
October 07, 2008 by Rachel Cericola

Dish Network was issued quite a blow yesterday. The Supreme Court rejected the satellite provider’s appeal against the $74 million judgment, which was issued for violating TiVo’s patent on DVR technology.

The court had no comment. In January, they had plenty to say, ruling that DVRs distributed by Dish Network violated some of the software elements in TiVo’s patent, specifically the “time warp” feature, which allows viewers to watch one TV program while recording another.

As a result, Dish and EchoStar Corp. will have to pay $104 million in damages to TiVo. Dish said they have the money in escrow and the whole thing should be behind them in the next few days—maybe. There’s still a matter of whether or not Dish will owe them more. As part of the injunction, Dish was required to shut off its DVRs, which they did not do. Instead, they continued to collect subscriber fees and issued a software “work-around,” says Reuters.

Hopefully they work it out—I’ve got a lot of stuff stocked up on my Dish DVR!

“We believe that the design-around does not infringe TiVo’s patent and that TiVo’s pending motion for contempt should be denied,” Dish said in a statement. “We look forward to that ruling in the near future.”

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Rachel Cericola - Contributing Writer
Over the past 15 years, Rachel Cericola has covered entertainment, web and technology trends. Check her out at www.rachelcericola.com.

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